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In today’s digital age, the police use outdated solicitation laws to catch unsuspecting internet users in solicitation stings.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.

Smartphones, laptops, and social media apps allow us instant communication and access to the internet virtually anywhere, anytime. But this technology comes at a price. Sometimes that price can mean unintentionally breaking the law. For example, a 61-year-old man from McAllen, Texas was recently arrested for coercion and enticement of a minor using WhatsApp on his smartphone.

Social media apps are a hornets nest of legal problems if users aren’t careful. While it’s important to protect the innocent from predators, more and more innocent people are finding themselves in serous legal jeopardy because of their online activity. Just ask the man from McAllen who could face life in prison if convicted. The laws relating to online solicitation in Texas are often confusing and with just a few clicks, one can easily break them if they aren’t aware of the details.

If you’re one of the 95% of Americans who use social media such as Facebook, Snapchat, Instagram Whatsapp, or the countless dating apps, you better know the line between what’s legal and what’s not. Otherwise you could face serious, life-altering legal consequences.

Keep reading to learn all about online solicitation law in Texas and what you can do to protect yourself.

What Is the Texas Online Solicitation Law?

Texas laws on online solicitation involve any adult who deliberately communicates with a minor in a way that’s considered sexually explicit. This could include what’s known as “sexting,” or sending lewd videos or images. If the communication describes or relates to sexual activity, then it could be considered a breach of the law.

This could be done through the internet, such as email, texting, or via a social media app. Aside from sending lewd communications, the soliciting law in Texas also takes attempts to meet up into consideration. For instance, if someone knowingly uses the internet or an app in an attempt to have sex with an underage individual in person.

It’s worth emphasizing the punishments are severe if a defendant receives a conviction. In Texas, this crime is categorized as a third-degree felony. This could come with up to a decade of prison time, along with a fine of $10,000.

Upon conviction, you’ll have to register as a sex offender after getting out of prison. This is often the harshest penalty of all. Sex offender registration can severely limit the places you can live and they types of jobs you can obtain. Many neighborhoods, communities, and cities throughout the state have strict zoning laws forbidding registered sex offenders. This restricts the areas where sex offenders can live to tiny, sometimes crime infested areas of the community.

The cost of an online solicitation conviction can be devastating.

The Rise of Undercover Police Operations

in Texas, police operations are pouring more and more resources into online undercover or sting operations. These efforts are intended to protect innocent minors and catch predators. They do this by making convincing accounts that represent underage boys or girls. These undercover operations can last months and involve many detailed strategies to make the accounts appear real.

These online police operations are likely to expand due to the low cost and low risk to the officers involved. It’s much easier, and cheaper, to logon to a laptop and engage a potential suspect than get out in the community in a patrol car.

Communities and taxpayers demand a return on their investment and this creates pressure on police departments to deliver arrests and convictions. When people are under pressure to perform, they make mistakes and sometimes willingly overstep their boundaries. Undercover police officers are no different and can easily infringe on an unsuspecting persons rights or employ illegal tactics to entrap them.

Undercover police officers will often reach out to unsuspecting users to entice them into potentially illegal activity. While entrapment is technically illegal, there are many gray areas that can easily be exploited by an aggressive undercover officer. These tactics are so common that you may have already been contacted by an undercover officer without even knowing it. Being aware of these practices can ensure that you don’t find yourself on the wrong side of the law.

People mistakenly believe an officer must identify themselves or avoid lying when engaging with a user. Nothing could be further from the truth. Additionally, undercover officers have access to skilled hackers, programmers, and highly advanced equipment that most users don’t. For most users, it’s nearly impossible to identify an undercover police officer online.

In addition to the undercover officers, these operations often employ men and women who can pass off as underage. These decoys will often say or do anything to lure an unsuspecting user into conversations or situations where they could break the law. This makes it that much more difficult to identify who you’re corresponding with.

We often think of sex offenders as creepy old guys sitting in a basement lurking online for innocent young victims. However, more often than not, sex offenders are young people in their late teens or early twenties who are barely “adults” themselves. These young adults often don’t understand the laws around online solicitation and usually don’t think they’re doing anything illegal. A brief exchange on a dating site or conversation through a social app can suddenly ruin their entire future.

Social Media Apps Make Solicitation Easier

In the past, online solicitation of a minor in Texas wasn’t as easy. Nowadays, there are dozens and dozens of social media apps that make it all too easy to communicate with minors whether you know they’re underage or not.

These include Whatsapp, TikTok, Instagram, Facebook, Reddit, and many other platforms. In most cases, once you send a message to another user, there’s no way to take it back. This means there’s a more or less permanent record of any exchanges you’ve had.

If you’re charged with online solicitation and then tried to delete messages, you could get an additional charge for destroying evidence or attempting to interfere with an investigation.

This is why you should always think twice or even three times before sending a message to anyone. This is especially crucial when you can never be too sure of someone’s real age. Plus, the person you’re messaging could end up being the police.

Ways to Protect Yourself

If you’re worried about being in breach of the laws relating to online solicitation in Texas, then it’s a good idea to do everything you can to protect yourself. One way you can do this is by ensuring that anyone you talk with in a sexual way is of legal age. Instead of taking their word for it, it’s always best to confirm by asking to see official identification.

With modern technology, it’s also quite easy to fake the date of birth on an ID. This is why it’s more secure to conduct a background check on an individual before engaging in any communication of a sexual nature.

If you’re arrested due to online solicitation accusations, then you should get legal representation as fast as possible. Despite the pressure involved, it’s important to find a lawyer who has the proper experience and know-how to handle your case. The last thing you’d want is to get convicted because your lawyer didn’t represent your case effectively enough.

For starters, your attorney should have experience in criminal law. It also goes a long way if they’ve dealt with similar online solicitation cases before. Although cases can differ by quite a bit, it’s still a good idea to ask about their track record so you can have a better idea of what your chances of winning are.

An illegal entrapment is one potential defense a lawyer can use. If the defendant and the minor had an official marriage certificate at the time, then that will also help the case. Another promising possibility is if the defendant received consent from the minor and was no more than three years older.

Don’t Be Trapped By Texas Online Solicitation Law

Now that you’ve learned all about the online solicitation law in Texas, you can ensure that you’re protected. If you’re accused of breaking the law, then it’s important to have proper legal representation. That will give you the best chance of winning the case.

Texas online solicitation laws and undercover operations are meant to protect the innocent and catch predators. However, the reality is many young people in their late teens and twenties get snagged in these efforts and it can ruin their future. The stigma of the creepy old guy stalking young girls online is rare. More often than not, it’s your neighbors 19 year old college student who finds themselves facing the brutal consequences of police sting operations and the harsh consequences of Texas sex offender laws.

Don’t let an online solicitation arrest ruin your life or the life of a loved one. Experienced online solicitation attorneys can defend your rights and use proven strategies to lessen charges or even get cases fully dismissed. Online solicitation attorney Andrea M. Kolski is a criminal defense attorney in The Woodlands, Texas and has a track record of success second to none. She has successfully won the most challenging online solicitation cases and protected the freedom of countless clients. With years of in-depth experience under her belt, she’s earned the respect of her peers and is considered among the best in the field.

If you or a loved one need legal help, don’t risk your future. Contact our office and start your legal defense today. Click here to schedule a free case review.

The internet is the gateway to almost everything in our lives. Unfortunately, it is also a place where people can find themselves in legal trouble in just a few clicks.

Online laws are intended to protect us from harm. The laws pertaining to minors and children are especially strict to insure they are protected from predators or exposure to inappropriate content. While we all agree that protecting minors from harm should be a priority, the law can sometimes ensnare innocent people who are unaware they are doing wrong.

Online solicitation of a minor is a heavy charge leveled at those who attempt to persuade someone under the age of 16 to engage in sexual activity through the internet. The legal terms and definitions can be confusing and innocent people can wind up on the wrong side of the law without knowing it.

What should you do if you or a loved one is facing charges for illegal online activity? To prove your innocence and protect your rights, you need an online solicitation lawyer. Read on to learn more about online solicitation laws.

What is Online Solicitation of a Minor?

Many people assume they understand what is and what isn’t illegal on the internet or social media. However, the growing number of arrests for online crimes is proof that people, especially young people, are uninformed about online law. Of particular concern is the growing number of teens and young adults in legal trouble for their online activity. Online solicitation of a minor is one area where confusion still exists.

Online solicitation of a minor often has a broad definition but the legal concept is fairly straightforward. The basic idea is any action taken to elicit a sexual response with someone you believed to be a minor.

Smartphones, social media apps, and the internet has made connecting with others easier than ever. However, just because something is easy to use doesn’t mean it’s necessarily safe or secure. In today’s highly connected world, it’s all too easy to mistake someone or to say the wrong thing to the wrong person at the wrong time.

The best way to avoid making mistakes online is to understand the law and how it applies to online behavior. Knowing the definitions and keys to what you are facing is a powerful start.

1. Actions of Online Solicitation

There are a wide array of actions that can constitute online solicitation of a minor. To get an idea, it’s simpler to break them down into specific actions that fall under the legal definition of online solicitation of a minor.

First, exposing one’s own or another’s genitals to a minor can be considered online solicitation. Asking for a minor to expose their genitals or touch you in a sexual manner can also fall under this definition.

Any discussion or requests in doing any sexual acts of any shape or form, including intercourse, is an act of online solicitation.

Enticing a minor to enter your home or vehicle can elevate online solicitation to even more severe charges such as sexual assault.

2. Official Definition of a Minor

The law is serious about protecting minors. It’s important to understand how the law defines “minor” and the exact wordings and usage.

A minor is a legal qualification that means a person or individual who is under the legal age of 18. The law is strict, so even those who are close to 18 are still a minor.

Proving one’s age can be difficult without valid ID or certified documentation. Documents can also be faked and this is especially true online. While it’s understandably difficult to prove the age of someone online, reasonable doubt is often a justification for the crime. If there is any doubt in your mind that the person may be a minor, take extreme caution when interacting and avoid any communication that could be interpreted as inappropriate. When it comes to online communication, you can never be too careful.

3. The Alarming Growth of Undercover Sting Operations

In recent years, law enforcement has ramped up it’s efforts to catch people attempting to solicit minors online. Online sting operations are relatively inexpensive to conduct and pose fewer risks to officers compared to traditional patrols or criminal enforcement. So, it’s no surprise that a growing number of local law enforcement agencies across the country are conducting more and more online sting operations to catch potential predators. These online sting operations. work to locate individuals intending to engage in sexual conduct with minors.

The methods used by law enforcement are wide ranging. They can easily border on entrapment or infringe on one’s constitutional rights. However, proving a sting operation crossed the line can be difficult for the accused. Hiring a skilled criminal justice attorney with experience in online solicitation is likely your best chance of proving police misconduct.

Online sting operations can range from a sophisticated multi-departmental operation to a single officer working a local jurisdiction. These operations often involve a police officer or other official posing as a minor online. It’s legal for the police to use fake names, photos, or other methods in the course of their duties. They have no obligation to reveal their real identity or communicate with honesty. Even when asked directly, an undercover officer can deny they are affiliated with the police.

Oftentimes an undercover officer will engage the subject however long it takes to gather evidence for a case. Once law enforcement determines there has been enough evidence gathered to convict, the police can move to make the arrest.

Sting operations can cast a wide net in an attempt to catch potential predators. Depending on the type of operation and the tactics used, law enforcement can sometimes arrest people who may not be in the wrong.

What Can an Online Solicitation Lawyer Do?

Online solicitation charges are serious and the consequences can be devastating. Texas has some of the highest conviction rates in the nation while also maintaining some of the most overburdened courts. It’s a recipe for disaster if a defendant is unprepared or without skilled legal representation. No matter how you got into the situation, you need a good lawyer to help you get out.

Taking the wrong steps can lead you to life-altering consequences beyond jail time and significant fines. If convicted, individuals will typically have to register as sex offenders. This alone can destroy reputations and careers.

What can your lawyer do to protect you? Here are 4 common ways they can turn the case in your favor.

1. Ensuring Your Rights Are Protected

With every criminal charge, there are rights that you always have as an American citizen. Understanding these rights can help even more so here as these are charges of information.

The right to remain silent is often forgotten when one is facing an arrest. This is especially true when an innocent person is wrongly accused, It’s understandable an innocent person will want to explain their side of the story. They hope that an explanation will help their cause. Unfortunately, this can often make things worse.

Beyond the right to remain silent, a criminal justice attorney can make sure all of your rights are protected and that the police didn’t infringe upon your rights during the course of their operation and arrest. There are rules that police must follow and usually it takes a savvy, experienced criminal justice attorney to uncover any missteps. Carefully reviewing the case and police records takes time and legal expertise but could make all the difference.

2. Gathering the Right Evidence

Evidence is crucial in all cases but especially in these types of cases. Text messages, emails, social media chats, images, and other digital information could be used for or against you in a case. An experienced lawyer will know how to navigate these tricky waters and handle this information with care.

Many people mistakenly believe that they can simply delete old messages, pictures, or other data from their phones, laptops, or social media accounts. It’s common for people facing online solicitation charges to panic and try to delete or erase what they think may be used against them. Unfortunately, almost all of your history and data can be recovered by law enforcement with relative ease.

Don’t make any moves with your data or online information without consulting an online solicitation attorney. Few people have the time and expertise to dissect an online solicitation charge. An online solicitation attorney will know what to look for and how to best position that information for your benefit.

A lawyer can also see potential areas of attack the prosecution may get from the evidence as well. A poor choice of words taken out of context can be damning, so an experienced online solicitation lawyer can provide the proper framing.

3. Avoid Representing Yourself

It’s bad enough to be facing charges of online solicitation of a minor. The punishment is severe and can destroy your future. Don’t make it worse by going it alone. Representing yourself in court is often a dangerous move . It’s especially risky when facing online solicitation charges or anything to do with minors.

No matter how much the truth is on your side, a court case is a matter of presentation, expertise, and experience. Our prisons are teeming with people who thought they could beat the system. Having a capable online solicitation lawyer by your side is your best chance at understanding your options, building a solid defense strategy, and crafting a presentation for the court.

Beyond the facts of the case, an experienced online solicitation lawyer can provide the court with a context of who you are as a person beyond this case. If your lawyer deems it beneficial, they may incorporate your family connections, work history, and other character traits in your defense. Having an experienced lawyer speak on your behalf is critical.

4. Breaking Down Complex Legal Situations

When you’re the victim of a sting operation or similar circumstance, there are a lot of legal loopholes that bind you in court in the first place. Entrapment is a word thrown around a lot in these cases and a good lawyer will know how to use it.

The more your involvement in the crime is uncertain, the harder it can be to cut ties without risking pulling yourself in further. This is a very tricky line to walk but a skilled online solicitation lawyer should know the best course of action for your case.

The Right Legal Defense in Your Hour of Need

Getting an online solicitation lawyer as soon as even the hint of charges come against you can save you a lot of frustration and damage. Even the charges of a sexual act with a minor can bring high levels of stress, anxiety, and strain on individuals and their families.

To get the best, you need to hire the best. The law firm of Andrea M. Kolski has successfully defended the accused for over 20 years. Andrea is highly respected by her peers and is a National Top 100 criminal justice lawyer. Her record of success is second to none. Andrea is committed to fighting for every clients rights and aggressively pursuing the best possible outcome regardless of the charges. To learn more about what we can do for you, contact us today!

Our nations legal system has been refined through a history of persecution and injustice. We continue to strive for a system where all people are given a fair trial and a chance to explain themselves, regardless of their alleged crimes. The job of good sex crime lawyers is to make sure the accused are afforded the opportunity for a fair trial and that their rights are not infringed.

These kinds of crimes are understandably difficult to defend and a challenge for the courts to handle. They are emotionally charged and involve situations that nobody ever wants to find themselves in. However, our Constitution states that everyone deserves a fair trial, and punishments cannot be simply handed down without due process.

The court is also where the full stories behind incidents can come to light. A skilled sex crime lawyer can help a defendant tell their side of the story. Keep reading below to learn ways lawyers stand up for the accused.

Sex Crime Lawyers Are Investigators At Heart

Behind every court trial is a story that attorneys, plaintiffs, judges, and defendants are just trying to understand. Most of the time, the narrative behind trials can be complicated. So, qualified legal intervention can help get the story straight.

To do that, good lawyers have strong investigative skills and are willing to dig into the nitty-gritty of a trial. They may spend hours poring everything from witness testimonies to social media posts, trying to catch anything that seems out of place. They may also reach out to experts for insight about details in a story.

They take the stories that plaintiffs tell as much as the stories defendants tell and process them carefully. They compare each story, inspecting points where they differ and clarifying areas for better understanding.

Whether a lawyer is fighting to prove someone’s innocence or guilt, they are working to get all the pertinent fact of a case. They make sure the story is told correctly to a court before judgment is passed. Otherwise, innocent people may be convicted because a story lacked proper details.

The Best Sex Crime Lawyers Leave No Stone Unturned

Sex crimes are especially difficult accusations to unravel. Usually because our society is quick to judge someone simply based on the charges they face. But the courtroom, not society at large, is where the facts of a case come to light and judgement is determined.

One mark of a good investigator is to consider the emotions that often fuel these cases. Sex crime lawyers are trained to analyze the actions of plaintiffs and defendants, considering the emotions behind them. The only way to get to the truth is to get the full picture of the incident, after all.

So, when speaking with clients and witnesses, attorneys may ask questions about the mental state of the people involved. They may ask questions that seem callous or cold, but it is for a greater purpose. The things people do when they are afraid can often be confused with bad intentions. There is a difference.

The court may view someone who acted due to fear differently than if they were malicious. The actions of a scared individual must be considered and a skilled defense attorney can help communicate this to the court or prosecutors.

Examining Motivations Is Crucial During Trials

Why do people behave in certain ways? Why did they take a certain action? Answering these questions help determine the motivations behind ones actions. People do things for a reason, and uncovering these reasons can help attorneys weave together a better understanding of the case. A good sex crime lawyer will present and examine evidence or ask questions about what could lead people to make the decisions they did.

To do this, they may investigate all of the people involved in a case. Not just the accused, but the plaintiff, the police, and other individuals who played a role. For example, if a person has been caught lying then they may take that into consideration when speaking with a person on the bench. Past comments indicating hostility towards a particular person may also be used to illustrate a person’s motivations.

It’s the same kind of work that police organizations usually do in high-profile cases. Cases involving sex crimes just often make this kind of work hard for police, since they primarily are tasked to describe the actions of what happened. They cannot usually shed light on the reasons behind why something happened.

That kind of work is for the people working hands-on with everyone involved. This is where experienced sex crimes lawyers can make a real difference in a case.

Evidence Is Only Part Of The Story

There is always a time in any kind of trial when evidence from an incident is presented. This evidence can range from bed computer and phone records, physical evidence such as sheets, clothes, and almost anything in between.

However powerful or weak the evidence may seem, it does not give attorneys or judges the full story of what may or may not have happened in a case. Evidence is often used to support the perspective of a particular person. The reasons behind why a person would send a particular text message or wear a certain shirt can vary.

The job of an attorney is to explain the reasons behind how evidence plays into the overall story. They also can argue that certain evidence must be thrown out or included if there is good reason to do so. It is up to the attorneys to illustrate the full story leading up to an incident because the evidence will not do it itself.

Sex crime attorneys will often comb through texts and social media posts, speak with witnesses and clients, and examine any evidence the prosecution plans to present in court. They will scrutinize this evidence to see if it is admissible and fight for whichever they believe is in the best interest of the case. By carefully examining evidence, a skilled sex crime lawyer can piece together the most likely reasons behind the actions in a case.

A Sex Crime Attorney Advocates For Everyone’s Rights

At any time, anyone could find themselves accused of a crime. Even the innocent can be caught in the crosshairs of law enforcement. While most of us never think of being accused, when it happens, we want a system that allows us to defend ourselves. By standing up for the accused in the most difficult of cases, sex crimes attorneys are fighting for all of our rights. Not just the rights of that particular client.

Understandably, when someone is accused of a crime, it’s important to understand the mental state of that person. The enormous amount of stress one feels when facing charges can be overwhelming. So, beyond just defending our rights, sex crime attorneys must also get the court to consider the mental health of their clients and make sure they are well enough to stand trial. Sex crimes can often leave people in an indescribable kind of distress, both for the accused and the accusers.

One of the first jobs of any good sex crime attorney is to care for their clients’ mental wellbeing. They may refer them to resources or services that worked with people in similar situations. In this way, even as a trial goes on, everyone involved can take the first steps towards recovery.

Never Go to Court Without Someone at Your Side

It doesn’t matter what kind of crime you may have been accused of — never go to court alone. The Texas court system is overburdened with cases and it’s extremely hard to get a truly fair trial on your own. There are countless numbers of Texans in jail today who thought they could beat the system.

Navigating the complex legal systems behind a trial can be challenging even for the most seasoned sex crime lawyer. Don’t risk your freedom without consulting with a sex crime lawyer first. It could be the most important decision of your life.

If you or a loved one have found yourselves on the wrong side of the law, let us help. Defense Attorney Andrea M. Kolski has over 20+ years experience with sex crime cases. There is no one who fights harder and with greater compassion for the accused than Andrea M. Kolski. If you’d like a review of your situation, reach out to us. We are here to help.

The laws surrounding sexual crimes are serious but are often misunderstood by those who aren’t familiar with the judicial system. More than 18,000 sexual assaults were reported to Texas law enforcement agencies in 2019.

It’s assumed the actual number of sexual offenses is much larger. In recent years, crimes related to online solicitation have skyrocketed. With easy access to the internet, users are often unaware their activity may get them into trouble. Anyone who uses the Internet needs to understand these laws and how to protect themselves..

What is online solicitation? What penalties does a person face for it? What should you do when facing charges, and what defenses are there for online solicitation in Texas?

Answer these questions and you can avoid being convicted of a heinous crime. Here is your quick guide.

Learn the Definition of Online Solicitation

Section 33.021 of the Texas Penal Code supplies the definition of online solicitation of a minor. It occurs when someone who is 17 years of age or older engages in a sexually explicit activity with someone younger than 17.

They may communicate in an explicit manner. The perpetrator may ask the minor to perform sexual activities, or they may describe sexual conduct at length. They may give the minor sexually explicit material, including pornography.

The person may arrange an in-person meeting so they can have sex with the minor. It does not matter if the meeting never happens.

Solicitation can occur through an email, chatroom, or social media post. The perpetrator can use a smartphone or computer.

Know the Potential Penalties

Communicating a sexually explicit message or sending explicit materials is a third-degree felony. Third-degree felonies have a minimum prison sentence of two years and a maximum sentence of ten years.

The offense carries a second-degree weight if the minor was younger than 14. If the perpetrator believed the minor was younger than 14, it also counts as a second-degree crime.

If the solicitation was done to arrange an in-person sexual meeting, it becomes a second-degree felony. A second-degree felony carries a minimum sentence of two years, but a judge can give up a sentence of 20 years.

The judge may mandate additional penalties. They may ask that the perpetrator be registered on the sex offender registry. They may demand that they take classes or attend psychological therapy.

Other charges may accompany online solicitation. If the perpetrator receives sexually explicit photographs of the minor, they can get charged with child pornography.

Assess the Situation

You may be informed by the police that you have been charged with online solicitation. You may be very upset, but you should not panic.

Read the warrants that the police have for you. Look at your browser history and cellphone data and review what happened.

Do not delete any information off of your devices. The police do have ways to recover data, including text messages. It makes you look suspect if you delete anything.

Do not communicate with minors while you are facing charges. Under no circumstances should you reach out to the person alleging sexual misconduct. Stay off of the Internet as much as possible.

If you get arrested, do not fight back. Remain as calm as you can and state that you will invoke your right to remain silent. Keep in mind that you say your name if the police ask you to identify yourself.

If possible, say nothing whatsoever after you invoke your right. Even simple remarks like, “I never touched her,” may seem helpful but they can be incriminating. When you have questions, take them to a criminal defense attorney.

Hire an Attorney

It is imperative that you hire a lawyer as soon as you hear of your charges. Prosecutors are very aggressive when it comes to sex offenses. You cannot handle a case on your own.

Spend some time considering different attorneys. Try to find someone with experience as a prosecutor and defense attorney. Having a well-rounded legal intelligence is essential to winning a solicitation case.

Give over your personal devices to your lawyer. Remember that everything you tell your attorney must remain completely confidential. They will not divulge anything that they find on your devices.

You should also give them a personal statement. This helps them create a narrative that they can use to explain the evidence in the courtroom. You do not have to testify if you do not want to.

Living under the weight of solicitation charges can be difficult. It’s important to try to live as normal a life as you can. Continue working if you have a job or occupy your time with healthy activities. Talk to a therapist if you have trouble living with your emotions.

Potential Defenses If You’ve Been Accused

Entrapment is a common defense. Undercover police officers and activists pose as minors to catch predators. This can result in innocent people being trapped.

If you engaged with a police officer, your lawyer may be able to argue that they initiated the conversation. Without that, you would not have engaged in dialogue. An experienced lawyer could use this defense for a potential aquittal.

The Romeo and Juliet law provides specific protections. Someone who is older than 17 can have sexual contact with a minor if they are less than three years older than them. If you fall under this law, you may have a defense.

Someone may have impersonated you or hacked into your account. Your lawyer can use computer data to show someone else communicated with the minor. Having an alibi that shows you were elsewhere can make a convincing case.

Fight Back With a Lawyer’s Help

Online solicitation of a minor is a serious crime. It involves communicating with minors over the Internet in a sexual manner. It can entail having an explicit conversation or exchanging pornographic materials.

The punishments are severe and if found guilty, you can face jail time for up to 20 years. Prosecutors can, and often will, tack on additional charges that will add time, fines, or other punishments. The consequences can ruin a life.

If you’ve been charged, don’t panic. Call a lawyer immediately and let them start building your defense. An experienced online solicitation lawyer can find ways to protect your rights and allow you to fight the charges.

You have the right to defend yourself and you also have the right to hire an attorney to represent your case. The Law Firm of Andrea M. Kolski serves Montgomery County and Houston residents charged with sex offenses. She has successfully defended hundreds of clients and won countless cases involving online solicitation, sex crimes, drug crimes, and other offenses. If you need an experienced winner in your corner, Contact us today.