Charged With Solicitation of a Minor? How a Criminal Defense Lawyer Can Help

According to the latest FBI statistics, well over 10,000,000 Americans are arrested each year.

Facing criminal charges for a felony offense can be a daunting experience, especially in cases as sensitive and serious as solicitation of a minor. In Montgomery County, Texas, the stakes are high, and the legal system can be overwhelming.

However, hiring a proficient criminal defense lawyer can make a significant difference in the trajectory of your case. In this guide, we'll explain how to defend your freedom and get the best outcome possible.

Read on to learn more.

Understanding the Gravity of Solicitation Charges

Solicitation of a minor is a serious matter. It's a felony offense that carries severe legal and social consequences. Understanding the gravity of the situation is the first step in building a robust defense strategy.

The accusation alone can impact your reputation, career, and personal relationships. In legal terms, these charges can lead to hefty fines, long-term imprisonment, and the requirement to register as a sex offender.

Long-Term Impacts

The emotional and psychological impact on both the accused and their family can be profound and enduring. The legal process involved in these cases is often complex and can be a lengthy ordeal.

Furthermore, the social stigma attached to such accusations can lead to isolation and significant challenges in rehabilitating one's public image and personal life, regardless of the outcome of the case.

Police Sting Tactics Explained

In today's digital age, the police use outdated solicitation laws to catch unsuspecting internet users in solicitation stings. While effective, the practice raises serious ethical concerns.

By creating "underage" decoy accounts on adult platforms like OnlyFans, officers aim to identify and apprehend individuals engaging in illegal activities. 

However, using a platform known for adult entertainment blurs the lines between legal and illicit online behavior. The ethical implications of such undercover operations, especially in an adult space, cannot be ignored. 

The ultimate goal of law enforcement is to ensure public safety, but this should not come at the cost of compromising individual rights. Current strategies may entrap individuals who would not otherwise engage in criminal activities, leaving a devastating and unnecessary impact on the target's life.

Here are a few ways to stay safe and avoid getting involved with online solicitation:

Platform Policies

OnlyFans has clear guidelines and age verification processes in place. This exists to prevent underage usage. Familiarizing yourself with these policies helps you stay safe while using such services.

Personal Responsibility

Be cautious about the profiles you interact with. Taking the time to check profile information and content can provide clues about a user's age, helping to avoid interactions with minors.

Community Reporting

Community reporting is a powerful tool in maintaining a safe environment on OnlyFans. If you encounter any profiles or content that violate platform policies, reporting them is not only your right but your responsibility.

How a Defense Attorney Can Help

A local, seasoned criminal defense attorney brings a wealth of knowledge and experience to your case. They can navigate the intricacies of the legal system, ensuring that your rights are protected throughout the process. Their expertise in handling similar criminal charges in Montgomery County is invaluable.

Tailoring Your Case

Every solicitation of a minor case is unique, and a skilled lawyer understands the importance of a personalized approach. They will examine all the evidence and work tirelessly to build a strong defense.

Your defense lawyer will stand for your justice. Their favored strategy will vary based on the specifics of your case. Building a case may involve:

1. Negotiating Plea Deals

This involves the defense lawyer negotiating with the prosecutor to reach a plea agreement. This is often a good route in cases with strong evidence against the defendant.

The defendant may plead guilty to a lesser charge, resulting in a more lenient sentence. The goal is to minimize legal consequences while accepting some responsibility.

2. Preparing for Trial

If a case goes to trial, the defense lawyer's preparation is key. This includes:

• Gathering evidence

• Interviewing witnesses

• Formulating a defense strategy

The aim is to cast doubt on the prosecution's evidence, ensuring it doesn't meet the 'beyond a reasonable doubt' standard.

Strategies might include challenging witness credibility, presenting alternate evidence interpretations, or pointing out procedural errors in law enforcement's handling of the case.

3. Getting Charges Reduced or Dismissed

In this approach, the defense attorney meticulously reviews the case details and evidence collection methods. The focus is on finding legal grounds for charge reduction or dismissal. These could include:

• Evidence obtained unlawfully

• Violation of the defendant's rights

• Flawed police investigations

• Prosecution inconsistencies

Success in this approach can lead to lighter penalties. In the best-case scenario, it could mean a full-case dismissal.

Further Coping Strategies

As your case unfolds, it's important to maintain your composure. While these types of accusations can be devastating, these coping strategies can help you focus on the future:

Maintain a Low Profile

In today's digital age, information spreads rapidly. It is advisable to maintain a low profile on social media and in public interactions. This approach helps in managing the narrative and safeguarding your reputation during the ongoing legal process.

Seek Emotional Support

The emotional toll of such an accusation can be overwhelming. Seeking support from mental health professionals, like therapists or counselors, is crucial. They offer coping strategies to deal with stress, anxiety, and other emotional challenges stemming from the situation.

Build a Support System

Surround yourself with a strong support system composed of family, friends, and colleagues who understand your situation. Their emotional support can be invaluable in helping you stay resilient during this challenging time.

Solicitation of a Minor: Now What?

Facing solicitation of a minor charges in Montgomery County is a complex and serious matter. However, hiring a seasoned criminal defense attorney can significantly alter the course of your case.

At Non-Stop Justice, leading attorney Andrea Kolski brings over 11 years of defense experience to the stand. Her commitment to justice ensures that you receive the best possible defense and support through this challenging time.

If you're facing such charges, don't hesitate to reach out. Contact us at Non-Stop Justice for guidance, support, and a defense strategy tailored to your unique situation.

Challenging a DWI Arrest: Understanding the Legal Alcohol Limit in Texas

Exceeding the legal alcohol limit in Texas results in criminal DWI charges with a lifetime impact on your driving ability, auto insurance rates, and employment.

Learn about the penalties, the impact of DWI charges, and how to present the best possible legal defense.

The Legal Alcohol Limit in Texas

No driver may have a blood-alcohol content (BAC) exceeding 0.08. If an average 180 lb. man consumes three beers in one hour, his BAC will be about 0.06.

The impact of alcohol varies depending on age, gender, food consumption, and alcohol tolerance level. People who rarely drink are more likely to become impaired with less alcohol.

If you feel drunk, you are beyond the legal limit. At a BAC of 0.07 to 0.09, the impact on the body includes visual impairment, reduction in self-control, and risky behavior.

Individuals under the influence of alcohol generally believe they are functioning normally when visually impaired. 

Boating and Flying Intoxicated

You can receive a DWI in Texas if you are boating or flying an aircraft while intoxicated. This misdemeanor charge can increase to a felony if a child under 15 is in the vessel. If an accident results in severe injury or fatality, the charge is a felony.

FAA regulations mandate pilots not to operate aircraft within eight hours of alcohol consumption and a BAC below 0.04.

Refusing to Submit to Testing

When law enforcement believes you exceed the legal BAC in Texas, they will request permission to conduct a field sobriety test. The rules for this are under the Texas Transportation Code.

Operating an automobile or watercraft under the influence gives implied consent to submit to breath tests or analysis of your blood alcohol concentration. You can refuse testing, which results in an automatic driver's license suspension for at least 180 days.

Tests showing a BAC of 0.08 or higher result in automatic license suspension of at least 90 days. Anyone under 21 showing any alcohol will receive a minimum 60-day suspension.

Peace officers certified to perform breath analysis may administer the test. A physician, qualified medical personnel, or emergency medical technician must take blood specimens in a sanitary location.

Texas DWI Penalties

Most DWI cases are misdemeanors; more than one conviction increases penalties. A first offense has a fine of up to $2,000, jail for up to 180 days, 90 days to one-year license suspension, plus court fees and penalties.

A second conviction will increase the penalties. A third conviction can result in fines of up to $10,000, incarceration of up to ten years, and a driver's license suspension of up to three years. If you are pulled over for DWI and have already had three misdemeanor convictions, you may be charged with a felony.

Texas DWI law changed in September 2023 with HB-393. A person with a conviction of intoxication manslaughter will pay restitution to the children of a parent or guardian killed in a crash. This obligation continues until the child is 18 or graduates from high school, whichever is later.

Lifetime Impact of a DWI

Your DWI conviction is not a here-today-gone-tomorrow mistake. The inability to drive, fines, and jail time may result in loss of employment and housing. It can impact relationships, including your child custody and visitation rights.

Probation may require random alcohol and drug testing. A BAC of 0.02 or higher will cause additional restrictions and possible jail time.

Background Checks

Anyone running background checks will see your DWI conviction. This may cause disqualification for specific jobs.

Students with a DWI conviction may receive denials from colleges. They view the potential student as a risk and negative influence on peers.

Reputation

Bad news spreads fast. Friends, family members, and acquaintances may view you negatively. They may be unwilling to do business with you or not want you to participate in activities at their children's school.

Lifetime Record

The criminal conviction remains on your record forever. DWI does not qualify for expungement in Texas. Removal is only possible following a complete dismissal or a not-guilty verdict at trial.

Employment

The DWI will prevent employment opportunities, including teaching, law enforcement, and some government positions. Safety and insurance costs make you non-employable for commercial driving. Serious consequences may result from a person working in healthcare, real estate, insurance, or active military becoming intoxicated.

Auto Insurance

Having a DWI conviction will impact your ability to get car insurance. Insurance companies label DWI drivers as high-risk, and some drop coverage entirely.

Texas law requires an SR-22 proof of auto liability insurance for at least two years after a DWI conviction. You must pay the Texas Department of Public Safety additional fees for three years. High-risk SR-22 policy requirements mandate at least:

• $30,000 for bodily injury or death of one person in an accident

• $60,000 for bodily injury or death of multiple people in an accident

• $25,000 for damage to other property in an accident

You need an SR-22 form to reinstate your driver's license and must repeat the process the following year.

Gun Ownership

Owning firearms is prohibited under federal law for anyone with a felony conviction. A DWI conviction can eliminate owning or purchasing guns. Denial of gun ownership applies if you have a felony DWI while operating a watercraft or aircraft.

You must transfer firearms you own to another party or turn them over to the police. Weapons found in your possession may result in a revocation of probation and an additional charge of unlawful firearms possession.

Benefits of a DWI Defense Lawyer

In Texas, the DA has two years from the incident date to file criminal charges against you. If they do not meet that timeline, the case is time-barred, and they cannot arrest you for DWI. I wouldn't count on getting this lucky.

The best way to avoid high insurance premiums, reduce additional fees, and maintain driving privileges is by hiring a DWI attorney. Your DWI attorney will review discovery for any mistakes by the police or prosecutors.

Even under dire circumstances, DWI lawyers know Texas law and how to present evidence in court. They will negotiate a plea or defend you at trial for the best possible outcome.

The Best DWI Defense

When you exceed the legal alcohol limit in Texas, hire an attorney who knows Texas drunk driving laws. Non-Stop Justice has over 20 years of experience fighting DWI charges. Don't stagger through a drunk driving case alone; call Non-Stop Justice at 832-381-3430 to book a consultation.

Common Drug Crimes and How a Skilled Attorney Can Help You

"It's no secret that America is in the grips of a fentanyl crisis.  Fentanyl is one of the most dangerous drugs out there, as it can be over 100 times more potent than morphine and much more addictive. The tragic loss of life and seemingly endless destruction caused by this illegal drug is impossible to calculate.  Meanwhile, governments and local authorities are going to extremes in an attempt to get fentanyl off the street and prevent further tragedies.

Drug laws in Texas are already among the most severe in the US.  If caught with illegal drugs of any kind in Texas, you could easily be looking at a lengthy legal proceeding and long incarceration. However, not all drug offenses are equal and the penalties can vary greatly. With the help of an experienced drug crime attorney, it's possible to reduce your sentence, get a full dismissal, or even keep you out of prison.

Understanding the most common drug charges is an important first step in any defense.  Here are some of the most common drug charges you may encounter.

Drug Possession

Drug possession is one of the most basic charges you could be charged with and potentially convicted of. Even if you're simply holding the item for a friend, you could be charged with possession and even intent to sell.

It's important to understand how you might get charged and how your attorney can help.

To face charges, a person must be deemed guilty of knowledgeable possession. The prosecutor must prove that they knew about the drugs and willingly carried them with consent or knowledge. Otherwise, they can't be deemed guilty.

The court may also charge you with possession if drugs are found on your property, such as your vehicle or your home. You could also be charged for joint possession if a friend brings a controlled substance onto your property.

A drug possession attorney can instruct you on how to challenge a drug arrest without making things worse for yourself. Not all drug arrests are airtight, so there could be a lack of evidence that supports your innocence.

Drug Distribution

Drug distribution refers to the intent to sell or transport a controlled substance to others. In this case, you not only possess drugs but also intend to distribute them to buyers.

As with possession, the fines and potential jail time will vary depending on what substance you intend to sell. Heavily controlled narcotics may result in life imprisonment and fines reaching the hundreds of thousands.

The goal of your lawyer in this case may be one of two options.

They might try to prove that you are innocent of intentional drug possession. Alternatively, your lawyer could make the case that you never intended to sell whatever drugs you possessed.

The problem with the second option is the quantity of your drugs. Anything over a certain amount suggests an intention to sell.

Drug Manufacturing

Intent to manufacture includes both the production and processing of controlled substances. Something naturally grown, like marijuana, is exempt from this category. However, anything synthetic can result in a drug manufacturing charge.

In 2023, Texas enacted some harsher penalties for anyone manufacturing and distributing fentanyl. One of the new bills classifies fentanyl overdoses as "poisonings", allowing for murder charges for anyone who created or sold the substance.

As such, getting charged for manufacturing fentanyl puts your attorney in the position of proving their client innocent of murder. You must find an experienced attorney who can challenge the evidence. They may be able to get the charge lowered to simple possession, depending on the case.

Drug Trafficking

Drug trafficking involves a combination of manufacturing, cultivating, distributing, and the eventual sale of illegal substances. Larger operations are often referred to as trafficking, with the individuals involved considered traffickers.

This is one of the most severe drug crimes you can be charged with. In certain states, trafficking a large amount of heroin will result in a minimum lifetime prison sentence.

The top five districts for drug trafficking offenders in 2022 included the Southern District of Texas at 975. The Southern District of California was the only one with more offenders at 1,755.

Drug Dealing

When selling drugs in smaller quantities, you may get charged with a less severe punishment than trafficking. This is most common with small-time dealers who are often supplied by manufacturers.

Once again, the punishment will depend on what group the sold substance belongs to. Selling something like marijuana in small quantities is only considered a misdemeanor. However, selling even the smallest amount of fentanyl in Texas may result in much more serious charges.

Penalty Groups

Texas is one of the toughest states on drug crimes and convictions. It has some of the highest conviction and incarceration rates in the United States. Part of that is due to its proximity to the southern border as well as how many states it borders.

There are nine drug penalty groups that Texas uses to determine the punishment for possession, dealing, and so forth. They are categorized according to their addictive nature and medical purpose, and are as follows:

• PG1

• PG1-A

• PG1-B

• PG-2

• PG-2A

• PG-3

• PG-4

• Dangerous drugs

• Marijuana

The first penalty group and its subcategories all consist of opioids with a high potential for abuse. Fentanyl gets its classification, PG1-B, due to its potency and high risk of abuse.

Across the United States, the Drug Enforcement Administration (DEA) also breaks down drugs according to schedule.

Schedule I drugs have no FDA-approved medicinal value. These include heroin, ecstasy, and LSD.

Schedule II drugs are highly addictive but may have some medical use, such as methadone and oxycodone. Fentanyl can also be found in this category.

The other three schedules cover drugs with lower abuse or addictive potential. They also usually have higher medicinal value. As such, you can also expect a much less severe charge when compared to some of the other more dangerous drugs.

Avoid a Criminal Record

Since Texas is one of the toughest states on drug crimes, the court system is constantly overwhelmed with new cases. Resources are stretched thin, which means that defendants rarely get an adequate defense. There are only so many court-appointed lawyers, after all.

If you need a drug crimes attorney, look no further than the office of Andrea M. Kolski. Kolski is a former prosecutor and defense attorney with over 20 years of experience defending individuals across Texas. Reach out today to speak with one of our associates and set up a visit with our law firm.

How Can a Juvenile Law Attorney Help When Your Child Gets Arrested?

As parents, we often worry about potential scenarios our children could find themselves in. While these can be stressful to think about, it's important to stay prepared.

One of the most notable situations is when a minor gets arrested. This can come with numerous consequences, and it could even affect the individual's ability to get a job in the future.

Working with a juvenile law attorney can help you overcome juvenile criminal charges, but not everybody understands how the process works. We've created a brief guide that outlines the key benefits and how to get started. Let's explore what you should know.

Protection from the Adult System

One of the most notable benefits of hiring a juvenile law attorney is protecting your minor from the adult system. Certain crimes carry the risk of the minor getting charged as an adult.

For example, a minor who commits manslaughter could be punished as if they were over the age of 18. Other crimes could include:

• Arson

• Sexual battery

• Murder

• Kidnapping

Without the right attorney on your side, things can quickly go awry. The sentences for adults are much harsher than those for minors, and it's even possible for a falsely accused individual to get a life sentence.

Quality Representation

It's imperative to have quality representation when dealing with accusations, but not all lawyers are created equal. Having the right attorney could dictate whether your minor overcomes juvenile criminal charges. Keep this factor in mind when moving forward.

Faster Results

Experienced lawyers know how to expedite the process. The longer a case drags on, the more stressful it can become. The last thing you want is to find yourself constantly worrying about your minor's potential incarceration.

Your lawyer can also help your minor get released on bail as soon as possible. With the right lawyer, they can often be released within less than 24 hours.

Guidance

Dealing with an arrest can be intimidating for everyone involved. Working with a lawyer will provide much-needed guidance throughout the process.

They'll help you and your minor understand the situation and your potential options. This will greatly aid in building the proper defense. There's something to be said about the peace of mind that guidance provides, as it can substantially reduce the stress you experience.

Finding a Juvenile Law Attorney

Finding the right juvenile delinquency attorney is easier than most people anticipate. There are certain attributes to keep an eye out for during your search, though. Listed below are some of the most notable.

Industry Experience

Research their experience and see how long they've been working as a juvenile law attorney. The more time they've spent in the industry, the better.

In general, it's best to prioritize attorneys who have at least a decade of experience. This will ensure they understand your case's nuances.

Specialization

Do they specialize in this area of law? Just because an attorney says they can help with your case doesn't mean they concentrate on situations like yours.

It's imperative to find someone who primarily deals with similar cases. This goes a long way toward finding the best possible option for your needs.

If your prospective attorney plans to delegate your case, ask to meet the lawyer they'll give it to. This prevents you from working with someone you know nothing about.

Reputation

Only hire attorneys who have untarnished reputations. You can gain insight into this information by reading online reviews.

See what previous clients have to say about their experiences. Look for reviews that specifically mention timeliness, professionalism, and results.

Communication

Some attorneys are more difficult to get in touch with than others. Being unable to reach your attorney can easily complicate your situation.

However, accessibility sometimes comes at a price. To clarify, an attorney might charge you extra to answer the phone or return emails after hours.

If you aren't aware of these charges, they can quickly add up. Regardless, your lawyer should regularly communicate with you and keep you updated on the case's progress. Before you hire them, ask them how they plan to inform you of important details.

The Advantages of Flat Rate or Upfront Pricing

You often get what you pay for when hiring a juvenile law attorney.  Cheaper attorneys often lack the necessary experience to get the best results.  Like everything else in life, experience and expertise come with a price and you must ask yourself, what’s your child’s future worth? 

When your child is facing charges, the last thing you need are more unpleasant surprises.  Unforeseen expensive legal bills can add stress and anxiety to an already tough situation.  When it comes to cost, flat rate juvenile defense attorneys are your best choice to avoid any surprise bills and allow you to plan ahead.

Because juvenile legal issues are a specialized area of law, it’s not uncommon for experienced juvenile attorney to quote thousands or even tens of thousands of dollars depending on the charge.  This can actually work in your favor.  Most experienced and reputable juvenile defense attorneys will charge a flat rate or upfront fee.  This will be a total estimate to represent your child for the entirety of the case from start to finish. 

A flat rate may seem eye opening at first, but it will give you peace of mind and avoid any future surprise costs or added fees that can quickly add up. Flat rates also act as an incentive for your juvenile attorney to resolve the case in the quickest amount of time with the least amount of work.  This can alleviate long-term stress on you and your child and potentially avoid the strain of dealing with investigators, psychologists, or other experts if they don’t need to be involved.

Flat rate juvenile defense attorneys may include some additional costs if the case goes to court, but these are usually transparent and discussed upfront.

Be wary of any juvenile defense attorney that charges by the hour.  It’s likely they have little experience and could potentially add up enormous future costs without any end in sight.  The last thing you need is to encounter financial surprises after hiring a lawyer. For example, let's assume that an attorney charges $500 per hour.  After a seemingly small retainer is paid, the billable hours can quickly add up and soon surpass the flat-rate quote of an experienced juvenile defense attorney.

Keep in mind the difference between flat rate vs. hourly billing juvenile defense attorneys and the overall potential cost of an adequate defense.  Don’t be fooled by a low price quote.  Make sure you discuss all the potential costs and that the juvenile attorney you consult is transparent with their strategy and charges.

Level of Comfort

Assess how comfortable you are communicating with the attorney. To get the best results, you'll need to be in frequent contact with them and provide the necessary information. This can be difficult to achieve if they don't seem approachable.

Enthusiasm

Look elsewhere if your prospective attorney doesn't seem enthusiastic about your case. Attorneys who aren't interested in working with you will likely fall short of your goals.

This is a situation to avoid at all costs, as it could jeopardize your minor's freedom. Most people can gauge an attorney's level of interest shortly after meeting them.

A great way to assess their enthusiasm is to observe if they ask questions. The more they ask about your case, the more likely they'll give it their full attention.

Get Started ASAP

If your minor gets arrested, time is not on your side.  It's imperative to call a juvenile law attorney as soon as possible. They have the tools and resources to help you manage this situation and begin building a defense to insure the best possible outcome for your child.

Juvenile defense attorney Andrea Kolski has over twenty years of experience in representing clients in a wide range of cases, including domestic, criminal, and family. She strives to exceed expectations and deliver the best possible results while offering support, compassion, and transparent communication throughout the process. Reach out to her today to learn more about how she can provide the legal defense you deserve.