An arrest for solicitation can turn your life upside down in an instant. The fear of jail time, permanent criminal records, and devastating impacts on your family and career creates overwhelming anxiety.
You’re not alone—thousands of Texans face these charges annually, often from undercover sting operations. Texas imposes felony-level penalties even for first-time offenses, with up to two years in state jail.
The consequences extend far beyond incarceration, affecting employment opportunities, professional licenses, and personal relationships for years to come.
At the Law Offices of Richard C. McConathy, we’ve defended clients against solicitation charges across Texas for over 35 years. Our team has achieved 300+ “Not Guilty” or “Dismissed” results out of more than 1,000 criminal cases handled.
If you’re facing solicitation charges, time is critical. Contact our Texas criminal defense lawyers now at 197-230-38867 for a confidential consultation.
What Exactly Are You Being Accused Of? Breaking Down Your Charges
📌 Texas law requires only an offer or agreement to pay for sexual conduct—physical contact is not necessary for prosecution.
Definition Under Texas Penal Code §43.021
Under Texas Penal Code Section 43.021, solicitation occurs when someone knowingly offers or agrees to pay for sexual conduct. Physical contact isn’t required—the agreement or offer alone is sufficient for prosecution.
Key prosecution elements:
- Intent to engage in sexual conduct
- Agreement to exchange money or value
- Knowledge of the sexual purpose
How Texas Solicitation Cases Break Down
| Element | Prosecution Must Prove | Defense Opportunities |
|---|---|---|
| Intent | Clear intention for sexual conduct | Lack of intent, misunderstanding |
| Agreement | Explicit or implied agreement | No agreement reached |
| Compensation | Money/value exchange discussed | No compensation mentioned |
| Knowledge | Awareness of sexual purpose | Mistaken belief, lack of knowledge |
How Texas Law Distinguishes Related Charges
Texas law makes clear distinctions between solicitation, prostitution, and related offenses, each carrying its own legal definition and penalties:
- Solicitation: Offering to pay for sexual services (state jail felony for first offenses)
- Prostitution: Actually engaging in sexual conduct for payment
- Promotion of Prostitution: Facilitating prostitution activities (second or first-degree felonies)
Texas Sting Operations
Law enforcement agencies conduct regular undercover operations involving:
- Undercover officers posing online or in public locations
- Digital evidence collection through texts, emails, and calls
- Coordinated arrests at predetermined locations
Penalties for Solicitation in Texas
First Offense: State Jail Felony
For a first solicitation offense in Texas, the law imposes serious penalties that can have lasting personal and professional consequences:
- 180 days to 2 years in state jail
- Up to $10,000 in fines
- Permanent felony record
- 180+ hours of community service
- Required STD testing (at your expense)
Repeat Offenses: Third-Degree Felony
Repeat solicitation convictions bring even harsher punishments, reflecting Texas’s strict stance on reoffenders:
- 2 to 10 years in prison
- Up to $10,000 in fines
- Enhanced penalties under repeat offender laws
Aggravating Factors That Increase Penalties
| Aggravating Factor | Enhanced Charge Level | Potential Penalty |
|---|---|---|
| Minor involved (under 18) | Second-degree felony | 2-20 years in prison |
| Child under 14 involved | First-degree felony | 5-99 years in prison |
| Near school/daycare | Enhanced penalties | Additional 2-10 years |
| Previous convictions | Habitual offender | Life imprisonment possible |
Beyond Criminal Penalties
Solicitation convictions create lasting problems:
- Professional Licenses: Medical, legal, teaching, and real estate licenses face suspension or revocation.
- Employment: Felony records appear on background checks, limiting job opportunities.
- Immigration: Non-citizens face deportation risk for crimes involving moral turpitude.
- Housing: Many landlords refuse tenants with felony records.
Legal Defenses That Can Beat a Solicitation Charge
⚖️ Defenses include entrapment, lack of intent, insufficient evidence, absence of payment agreement, constitutional violations, and mistaken identity.
Entrapment Defense
Entrapment occurs when law enforcement induces someone to commit a crime they wouldn’t normally commit. Successful when police conduct exceeds acceptable limits.
Required Elements:
- Government inducement to commit the crime
- Lack of predisposition by the defendant
- Conduct that would induce law-abiding people
Hypothetical Scenario: An officer repeatedly contacts someone who declines, offering increasingly large payments and claiming desperation. This pressure might constitute entrapment if the person had no prior inclination.
Lack of Intent
Prosecution must prove clear intent for sexual conduct. Ambiguous communications create reasonable doubt through:
- Casual conversation without explicit sexual references
- Companionship discussions rather than sexual services
- Misunderstandings about meeting purposes
Insufficient Evidence
Solicitation charges often rely on digital communications that may be:
- Vague or unclear without establishing the required elements
- Missing context that changes statement meanings
- Technically compromised during collection
No Compensation Agreement
Without proof of agreed payment exchange, charges lack foundation.
Constitutional Violations
Evidence obtained through rights violations may be suppressed:
- Miranda Rights: Improper advisement excludes statements
- Unlawful Search: Illegal phone/vehicle searches void evidence
- Due Process: Police misconduct can result in dismissal
Mistaken Identity
Online communications make proving sender identity challenging:
- Shared devices or accounts
- Unauthorized access or hacking
- Family member usage
Real Case Results: We’ve successfully defended clients by demonstrating that family members had access to computers and email accounts used in alleged solicitation communications, leading to case dismissals due to reasonable doubt about who actually sent the messages.
If you’re facing solicitation charges, contact us today to get experienced legal representation on your side.
How Our Experienced Texas Solicitation Lawyer Can Help
Our legal team conducts thorough investigations examining:
- Officer training records and protocol compliance
- Communication analysis for improper inducement
- Constitutional requirement verification during arrest
With over three decades in Texas courts, we negotiate strategically for:
- Pre-trial interventions before formal charges
- Charge reductions to misdemeanors or non-sexual offenses
- Alternative sentencing, avoiding conviction records
Steps to Take Immediately After an Arrest
📌 Protect yourself by remaining silent, contacting a lawyer quickly, preserving all communications, and avoiding any contact with involved parties.
- Exercise your right to remain silent – Never speak without our attorney present
- Contact our criminal defense lawyer – Early intervention prevents additional charges and preserves evidence
- Preserve communication records – Don’t delete anything; evidence might support your defense
- Avoid contact – Do not contact alleged victims or witnesses
- Protect professional relationships – Do this through early licensing board notification
Taking these steps immediately after your arrest can greatly strengthen your defense and protect your future.
Why Choose Law Offices of Richard C. McConathy
Proven Texas Expertise
- 35+ years of criminal defense experience
- Board Certified Criminal Law Specialist since 1982
- 300+ dismissals/not guilty verdicts from 1,000+ cases
- Serving 16 counties in the Dallas-Fort Worth area
See how our proven results in DWI and criminal cases demonstrate our ability to secure dismissals and not guilty verdicts.
Comprehensive Defense Approach
We handle all case aspects, including professional license protection, immigration considerations, and family law coordination.
How Our Proven Defense Strategies Work
Entrapment Defense Success
- Common situation: Clients respond to online advertisements but become uncomfortable during communications and attempt to withdraw. When undercover officers persist with increasingly aggressive tactics, this may constitute entrapment.
- Our defense strategy: We document persistent contact after clients clearly attempt to disengage, demonstrating how law enforcement overstepped acceptable boundaries.
- Typical results: Cases dismissed prior to trial based on successful entrapment defenses.
Insufficient Evidence Defense
- Common situation: Clients arrested in sting operations based on brief text message exchanges that never explicitly mentioned sexual conduct or specific payment amounts.
- Our defense strategy: We challenge the sufficiency of evidence, arguing that vague communications cannot support the required legal elements of solicitation.
- Typical results: Not guilty verdicts after jury trials or pre-trial dismissals.
Constitutional Rights Violations
- Common Situation: Client phones searched without warrants during arrests, revealing additional communications used to strengthen prosecution cases.
- Our defense strategy: We file motions to suppress evidence obtained through warrantless phone searches, arguing Fourth Amendment violations.
- Typical results: Evidence suppressed, charges reduced or dismissed entirely.
FAQs About Solicitation Charges in Texas
Can You Go to Jail for a First Solicitation Offense in Texas?
Yes. First-time solicitation in Texas is a state jail felony carrying 180 days to 2 years in state jail. However, experienced defense counsel can often negotiate alternatives to incarceration, including deferred adjudication probation, community service, or pretrial diversion programs.
Will a Solicitation Charge Be On My Permanent Record?
A conviction will create a permanent felony record visible on background checks. However, a successful defense can result in dismissal, acquittal, or charge reduction. Even with conviction, some options exist for record sealing under Texas Code of Criminal Procedure Chapter 55A, though eligibility is limited.
Can Solicitation Charges Be Dropped?
Absolutely. Charges can be dropped through various means:
- Lack of evidence to support prosecution
- Constitutional violations during the investigation
- Successful entrapment defense
- Prosecutorial discretion based on case circumstances
Our firm has achieved dismissals in numerous solicitation cases through aggressive pretrial advocacy. Our comprehensive Texas sex crimes defense strategies address all related charges and collateral consequences.
How Long Does a Solicitation Case Take in Texas?
Case duration varies significantly based on:
- County court schedules (typically 6 months to 2 years)
- Complexity of evidence and number of defendants
- Pre-trial motions and procedural challenges
- Negotiation progress with the prosecution
Simple cases with early plea negotiations might resolve in 3-6 months, while complex cases going to trial can take 12-24 months.
What’s the Difference Between Solicitation and Prostitution Charges?
Solicitation involves offering to pay for sexual services and doesn’t require any physical contact. Prostitution involves actually engaging in sexual conduct for compensation. Solicitation is typically charged when arrests occur before any physical conduct takes place, such as in sting operations.
Can I Lose My Professional License for Solicitation?
Many licensing boards consider solicitation a crime involving moral turpitude, triggering license suspension, revocation proceedings, or mandatory reporting requirements. We minimize professional impacts through strategic defense and early licensing board intervention.
Understanding Texas Sting Operations
⚠️ Problematic patterns include excessive police pressure, officer-initiated sexual discussions, and unconstitutional evidence collection.
Common Locations and Tactics
Texas agencies conduct operations on online platforms, in hotels/motels, and in public areas. Officers create profiles, post advertisements, and coordinate arrests at predetermined locations.
Red Flags in Police Conduct
Problematic patterns include excessive pressure after refusal, officers initiating sexual topics, and unrealistic scenarios that may indicate entrapment.
Digital Evidence and Constitutional Protections
Modern solicitation cases rely heavily on text messages, email communications, dating app messages, and search history. The Fourth Amendment provides significant protections requiring warrants for phone searches, cloud storage access, and location data collection.
Consider someone who responds to an advertisement but never discusses services or payment explicitly. If police search their phone without a warrant, this evidence might be suppressed, potentially weakening the prosecution’s case.
The True Cost of Conviction
💰 Financial impact can reach tens of thousands in legal, professional, and personal costs over a lifetime.
Beyond fines, solicitation convictions impose lifetime earning reductions of 10-30%, professional license restoration costs of $10,000-$50,000, and potential deportation for non-citizens. Quality defense typically costs $5,000-$15,000 but often prevents far greater long-term financial losses.
Building Your Defense Strategy
Successful defense requires complete honesty with our attorney, prompt communication, and strategic patience. We preserve all communications, document timelines, identify character witnesses, and maintain technical evidence integrity.
While cases are pending, protect employment relationships, consider professional impacts, address family concerns, and seek mental health support for stress management.
Take Action to Protect Your Future
Solicitation charges carry serious consequences, but you don’t have to face them alone. With proper legal representation, many cases result in dismissals, acquittals, or significant reductions that protect your future.
The Law Offices of Richard C. McConathy has 35+ years of experience defending Texans against criminal charges. We understand what’s at stake and fight aggressively to protect our clients’ rights, reputations, and futures.
Your Next Steps
- Call us immediately for a confidential consultation
- Preserve all evidence related to your case
- Avoid discussing the case except with our attorney
- Begin planning for professional and personal impacts
We serve clients throughout Dallas County, Tarrant County, Collin County, Denton County, and surrounding areas. Don’t wait—your freedom and future are too important to delay.
Ready to fight for your future? Contact our experienced team at 197-230-38867 for your confidential consultation. We’re available 24/7 to discuss your case and begin building your defense.