The Severe Consequences of a Solicitation Conviction in Virginia

A conviction for soliciting sex in Virginia is classified as a Class 1 Misdemeanor, the most serious level of misdemeanor in the Commonwealth. The direct penalties include up to 12 months in jail and a fine of up to $2,500. More damaging, however, are the collateral consequences, such as a permanent, non-expungeable criminal record that can severely impact employment, professional licenses, and security clearances for years to come.

Many individuals mistakenly underestimate the gravity of a solicitation charge because it is a misdemeanor. This is a critical error. In Virginia, the legislature has taken a firm stance on offenses of this nature. The governing statute is Virginia Code § 18.2-346. While the law also covers acts of prostitution itself, subsection B is what typically applies to a “john” or client. It criminalizes soliciting, encouraging, or aiding someone to commit prostitution.

Direct Statutory Penalties

Under Virginia law, a judge has the discretion to impose the maximum penalties for a Class 1 Misdemeanor. This means:

• Incarceration: A jail sentence of up to one year. While a first-time offender might not receive the maximum sentence, any amount of jail time is a significant disruption to one’s life and liberty.
• Fines: A monetary fine of up to $2,500, plus court costs.
• HIV Testing: A conviction may also require a mandatory test for HIV, the results of which are reported to the Virginia Department of Health.

The “Scarlet Letter”: Long-Term Collateral Consequences

In my experience, the most devastating consequences of a solicitation conviction are not the court-ordered penalties, but the ones that follow you for the rest of your life. Unlike many other criminal charges in Virginia, a conviction for solicitation cannot be expunged. Expungement is the legal process of sealing a criminal record from public view. Because this option is unavailable, a conviction for soliciting sex becomes a permanent, public mark.

This permanent record can have profound negative effects:

• Employment: Most employers conduct background checks. A conviction for a sex-related crime, even a misdemeanor, can be an immediate disqualifier for many jobs, particularly in fields like education, healthcare, finance, or government contracting.
• Professional Licenses: Individuals with professional licenses (doctors, lawyers, nurses, real estate agents, etc.) may face disciplinary action from their licensing boards, including suspension or revocation.
• Security Clearances: A solicitation conviction can make it extremely difficult, if not impossible, to obtain or maintain a government security clearance, which is a requirement for many federal and contractor jobs in Virginia.
• Immigration Status: For non-U.S. citizens, a conviction for a crime involving moral turpitude, which solicitation can be considered, may lead to deportation or inadmissibility.
• Personal and Reputational Harm: The stigma associated with a sex crime can strain personal relationships and damage one’s standing in the community.

Understanding these high stakes is the first step in recognizing why these charges demand an immediate and serious legal response. The goal is not just to minimize the sentence, but to fight for an outcome that avoids a conviction altogether, thereby preserving your future.

The Legal Labyrinth: How a Solicitation Case Proceeds in Virginia

The legal process for a solicitation charge in Virginia typically begins with an arrest during a police sting operation and proceeds through the General District Court. Key players include the arresting police department, the Commonwealth’s Attorney who prosecutes the case, and the judge. The stages involve an arraignment to hear the charge, a discovery phase to obtain evidence, pre-trial negotiations, and ultimately a trial or a plea agreement.

Navigating the Virginia court system can be bewildering for someone without legal training. Each step has its own rules, procedures, and strategic considerations. As your counsel, our role is to guide you through this labyrinth, protecting your rights at every turn. Here is a breakdown of the typical journey of a solicitation case.

Step 1: The Arrest or Summons

Most solicitation charges in Virginia arise from police sting operations. These can take several forms:

• Online Stings: An undercover officer posts an advertisement on a website or app known for facilitating such encounters. When an individual responds and makes an explicit agreement for a sex act in exchange for money, they are directed to a location (often a hotel room) where they are met by law enforcement and arrested.
• Street-Level Stings: An undercover officer poses as a prostitute on the street. If an individual propositions them, backup officers move in to make the arrest.

At the time of the arrest, you will be taken into custody, processed, and either released on a summons to appear in court or brought before a magistrate to have bond set. This is the moment your right to remain silent becomes paramount.

Step 2: The Arraignment in General District Court

Your first court date is the arraignment. This takes place in the General District Court of the county or city where the alleged offense occurred. At the arraignment, the judge will formally read the charge against you (violating VA Code § 18.2-346) and ask you to enter a plea of guilty, not guilty, or nolo contendere (no contest). It is almost always advisable to plead “not guilty” at this stage to preserve all of your legal options. The judge will also ensure you understand your right to an attorney and will set a trial date.

Step 3: The Role of the Commonwealth’s Attorney and Discovery

The case against you is prosecuted by the Commonwealth’s Attorney’s Office. This is the government’s lawyer. Once we are retained, we file a formal notice of appearance and a discovery request. “Discovery” is the legal process of obtaining the evidence the prosecution intends to use against you. This includes:

• The police report and officer’s notes.
• Any audio or video recordings from the sting operation.
• Copies of text messages, emails, or app communications.
• The names of the officers involved.

Analyzing this evidence is the foundation of building your defense. We scrutinize every detail for weaknesses in the Commonwealth’s case, procedural errors, or violations of your constitutional rights.

Step 4: Pre-Trial Negotiations and Trial

Armed with the discovery evidence, we will engage in discussions with the prosecutor. The goal may be to have the charge dismissed or reduced to a less serious offense. Sometimes, an agreement can be reached, such as a “deferred disposition” or taking the case “under advisement,” which could result in a dismissal after a period of good behavior.

If a favorable resolution cannot be reached, the case will proceed to trial. In General District Court, the trial is a “bench trial,” meaning a judge hears the evidence and decides your guilt or innocence—there is no jury. At trial, we will cross-examine the police officers, challenge the evidence, and present our own evidence and legal arguments in your defense.

Step 5: Appeal to Circuit Court

If you are found guilty in the General District Court, you have an absolute right to appeal the decision to the Circuit Court within 10 days. An appeal results in a completely new trial (a “trial de novo”). In Circuit Court, you have the right to a jury trial, where a panel of your peers, rather than a single judge, will decide the outcome.

The SRIS Virginia Solicitation Charge Response Blueprint Tool

This blueprint is a structured guide designed to empower individuals immediately following a solicitation charge in Virginia. It provides a clear, step-by-step protocol for protecting your rights, preserving crucial information for your defense, and taking proactive measures. Following these steps can significantly influence the trajectory of your case and is the first move in transitioning from a state of shock to a position of strategic action.

The moments and days following an arrest are chaotic and filled with uncertainty. The actions you take—or fail to take—can have a lasting impact on your case. This blueprint is designed to provide clarity and control. It is a practical framework I have developed over 20 years of practice to help clients navigate this critical initial period.

Step 1: Immediate Post-Arrest Protocol (The First Hour)

1. Invoke Your Rights Clearly: State unequivocally, “I am invoking my right to remain silent, and I want to speak with an attorney.” Say nothing else to law enforcement. Do not try to explain, apologize, or negotiate. Your words will be used against you.
2. Do Not Consent to Searches: Do not consent to a search of your phone, car, or person beyond what is legally required for the arrest. Police may ask for your password; you are not required to provide it without a warrant.
3. Comply Physically, Resist Verbally: Be cooperative and polite in your physical actions to avoid additional charges like resisting arrest or obstruction of justice. However, remain firm in your verbal refusal to answer questions or consent to searches.

Step 2: Evidence Preservation & Documentation (The First 24 Hours)

1. DO NOT DELETE ANYTHING: Do not delete text messages, call logs, emails, app data, or browser history from your phone or computer. Deleting evidence can be viewed as “spoliation” or obstruction of justice, which can lead to a separate, serious felony charge. This is a catastrophic mistake.
2. Write Everything Down: As soon as you are able, write down every single detail you can remember about the incident. Where were you? What time was it? What exactly was said by you and the undercover officer? What was the wording of the online ad? What did the arresting officers say? Memories fade quickly, so a contemporaneous written record is invaluable for your attorney.
3. Preserve Physical Documents: Keep your summons, bail/bond paperwork, and any other documents you received from the police in a safe place.

Step 3: Preparing for Your Legal Case Assessment (The First Week)

1. Gather Your Documents: Collect your written account of the incident and all court/police paperwork.
2. Prepare a Timeline: Create a simple timeline of events leading up to, during, and after the arrest.
3. List Your Questions: Write down all your questions and concerns. A productive case assessment is a two-way conversation. We need to understand your situation, and you need to understand the law and the process.

Step 4: Proactive Mitigation & Character Building

1. Consider Voluntary Counseling: Depending on the specifics of your case, proactively engaging in counseling can sometimes be a positive factor in negotiations with the prosecutor. This is a sensitive decision that should only be made after discussion with your attorney.
2. Gather Character Letters: Begin thinking about individuals (employers, colleagues, community leaders) who could write letters attesting to your good character. Your attorney will guide you on if and when to use these.
3. Stay Off Social Media: Do not post anything about your case, your feelings, or your activities on any social media platform. Prosecutors can and do look at public profiles for information to use against you.

Building a Formidable Defense: Strategic Approaches to Solicitation Charges

A formidable defense against a solicitation charge in Virginia requires a meticulous analysis of the prosecution’s evidence and the police’s conduct. Key strategies involve challenging the element of intent, arguing entrapment if police induced the crime, exposing weaknesses in the evidence such as ambiguous language, and moving to suppress evidence obtained through constitutional violations. The best strategy is tailored to the unique facts of each case.

A “not guilty” plea is more than just a denial; it is a demand that the Commonwealth prove every single element of the offense beyond a reasonable doubt. My role is to hold them to that high standard and to identify and exploit every flaw in their case. While the specific strategy depends entirely on the facts, most defenses fall into several key categories.

Challenging the “Agreement” or “Intent”

The core of a solicitation charge is the agreement to exchange something of value (usually money) for a sex act. If the evidence of this agreement is weak or ambiguous, it can form the basis of a strong defense. We will ask critical questions:

• Was the conversation clear and unequivocal? Or was it filled with slang, innuendo, and ambiguity that could be interpreted in multiple ways?
• Did you ever actually state you would pay for a specific sex act? Or did the officer infer this intent?
• Did you take a substantial step towards completing the act? Simply showing up at a location may not be enough if the agreement was never finalized.

Often, in a recorded conversation, a defendant’s words are not as incriminating as the police report makes them seem. A skilled cross-examination of the officer can highlight these ambiguities for the judge.

The Entrapment Defense

Entrapment is a frequently discussed but difficult defense to prove. It is not entrapment for the police to simply provide an opportunity for someone to commit a crime. To succeed with an entrapment defense, we must show two things:

1. The idea for the crime originated with the police, not you.
2. The police induced you to commit the crime through methods of persuasion or trickery that would cause a normally law-abiding person to break the law.

This is a high bar. However, if an undercover officer was unusually persistent, made threats, or preyed on a known vulnerability, an entrapment argument becomes more viable. We carefully review all communications to see if the officer’s conduct crossed the line from investigation to improper inducement.

Attacking the Evidence and Procedure

The Commonwealth’s case is only as strong as its evidence. We meticulously scrutinize every piece of it:

• Chain of Custody: Was the digital evidence (texts, recordings) handled properly? Can they prove it wasn’t altered?
• Officer Credibility: Does the officer have a history of misconduct? Does their testimony in court contradict their written report? We can use cross-examination to undermine their credibility.
• Constitutional Violations: Were your rights violated? Did the police question you after you asked for a lawyer (a Miranda violation)? Did they conduct an illegal search of your phone or vehicle (a Fourth Amendment violation)? If so, we can file a motion to suppress the illegally obtained evidence, potentially crippling the prosecution’s case.

Building a successful defense is an active, not a passive, process. It requires a deep knowledge of Virginia law, a command of courtroom procedure, and the experience to identify the strategic pressure points that can lead to a positive outcome.

Critical Missteps: Common Mistakes to Avoid After a Solicitation Charge

After being charged with solicitation, the most damaging mistakes an individual can make include talking to the police without an attorney, destroying potential evidence like text messages, and underestimating the severity of a Class 1 Misdemeanor. These errors can create new criminal liability, strengthen the prosecution’s case, and eliminate viable defense options, making a favorable outcome significantly harder to achieve.

In the high-stress environment following an arrest, it is easy to make unforced errors that can severely compromise your legal position. Over my career, I have seen the same mistakes repeated, often with devastating consequences. Avoiding these pitfalls is as crucial as any affirmative defense strategy.

1. Talking to the Police: This is the single most common and most damaging mistake. You cannot talk your way out of a charge. Police officers are trained to elicit incriminating statements. Even seemingly innocent remarks can be twisted and used to prove your intent. The only words you should say are, “I am exercising my right to remain silent and I want an attorney.”
2. Deleting Digital Evidence: The impulse to delete incriminating text messages, photos, or browser history is understandable but catastrophic. This act can be charged as a separate felony for obstruction of justice or destroying evidence. It also signals a “consciousness of guilt” to a prosecutor and a judge, making you look far worse. Leave all digital data untouched.
3. Ignoring the Charge or Court Date: A solicitation charge is not a traffic ticket. Failing to appear for your court date will result in a “capias” or bench warrant for your arrest. This adds a new criminal charge (Failure to Appear) and tells the judge that you do not take the court or the law seriously.
4. Underestimating a “Misdemeanor”: As detailed earlier, a Class 1 Misdemeanor in Virginia is a serious criminal offense with permanent consequences. Treating it lightly, failing to retain experienced counsel, and hoping it will “just go away” is a recipe for a conviction that will follow you for life.
5. Contacting the Decoy or Other Parties: Do not attempt to contact the person you believe was the undercover officer or anyone else involved. This can be construed as witness intimidation, another serious crime. All communication should be handled exclusively by your attorney.
6. Posting on Social Media: Assume that everything you post online is public and can be found by the prosecution. Complaining about your arrest, making jokes about it, or discussing details of the case on social media is providing free ammunition to the Commonwealth’s Attorney.
7. Waiting Too Long to Hire an Attorney: The time between your arrest and your first court date is a critical window for your defense. An early intervention allows your attorney to preserve evidence, interview witnesses, and begin strategizing before the case gains momentum. Waiting until the last minute limits your options.

Glossary of Key Virginia Legal Terms

Understanding the language used in a Virginia criminal case is essential for any defendant. Key terms include “Solicitation,” the act of offering something for a sex act; “Commonwealth’s Attorney,” the state prosecutor; “General District Court,” where misdemeanors are first tried; “Discovery,” the process of obtaining evidence; and “Nolle Prosequi,” a decision by the prosecutor to drop the charges, often a key goal in defense negotiations.

Solicitation

As defined in Virginia Code § 18.2-346, the act of inviting, encouraging, or commanding another person to engage in prostitution or any other illegal sex act.

Prostitution

The act of performing, or agreeing to perform, a sex act for money or its equivalent.

Entrapment

A legal defense asserting that law enforcement induced a person to commit a crime they otherwise would not have committed.

Commonwealth’s Attorney

The elected official in each Virginia county and city responsible for prosecuting criminal cases on behalf of the state (the “Commonwealth”).

General District Court

The lower-level trial court in Virginia where all misdemeanor cases and traffic violations are initially heard. Trials here are bench trials (judge only).

Discovery

The formal pre-trial procedure where the defense obtains evidence from the prosecution, such as police reports and recordings.

Nolle Prosequi

A Latin term meaning “will not prosecute.” It is a formal notice of abandonment by a prosecutor of all or part of a suit or action. If a prosecutor “nol prosses” a charge, the case is dropped, though it can sometimes be brought back later.

Common Scenarios We See in Our Practice

The circumstances leading to a solicitation charge often fall into predictable patterns, typically involving online stings or misunderstandings. These scenarios are not abstract; they reflect the real-life situations of our clients, from professionals responding to deceptive online ads to individuals caught in ambiguous conversations that are misinterpreted by law enforcement. Recognizing these patterns is key to deconstructing the prosecution’s case.

Scenario 1: The Online Advertisement Sting

A married professional in Northern Virginia is browsing a classifieds website late at night. He sees an advertisement with suggestive photos and language hinting at “companionship.” He sends a text message to the number in the ad. A brief, coded conversation ensues about “donations” and “time.” He is directed to a specific hotel room. When he arrives and knocks on the door, he is immediately confronted by several police officers, arrested, and charged with solicitation. The entire text conversation and his arrival at the hotel form the core of the Commonwealth’s evidence.

Scenario 2: The Street-Level Misunderstanding

A man is driving through a part of town known for nightlife. He pulls over to use his phone to check directions. A woman approaches his car window and initiates a conversation. He is flustered and tries to be polite while ending the conversation to drive away. An unmarked police car that was monitoring the woman, an undercover officer, pulls him over moments later and arrests him for solicitation, claiming he agreed to her offer. Here, the defense would hinge on the ambiguity of the conversation and the client’s lack of intent.

Scenario 3: The Overzealous “Massage Parlor” Investigation

A man goes to a massage establishment for a legitimate therapeutic massage. During the session, the masseuse makes an unsolicited offer for an additional, illegal service for an extra “tip.” The man becomes uncomfortable, declines the offer, ends the massage, pays for the original service, and leaves. Unbeknownst to him, the establishment is under police surveillance. He is later arrested as part of a larger sting operation, with police assuming anyone who visited the location was guilty. The defense here is clear: there was no agreement and no intent to solicit.

Frequently Asked Questions (FAQ)

Clients facing solicitation charges in Virginia often have urgent and similar questions about jail time, the permanence of a criminal record, the role of evidence like text messages, and the necessity of legal representation. These FAQs provide direct, knowledgeable answers to the most pressing concerns, offering clarity during a stressful and confusing time. Understanding these points is crucial for making informed decisions about your case.

Will I definitely go to jail for a first-offense solicitation charge?

Not necessarily. While a Class 1 Misdemeanor carries up to 12 months of jail time, a first-time offender with a clean record and a seasoned attorney often has a good chance of avoiding incarceration. The outcome depends heavily on the facts of the case, the jurisdiction, the prosecutor, and the quality of your defense.

Can I really not get a solicitation conviction expunged in Virginia?

That is correct. Under current Virginia law, a conviction for violating VA Code § 18.2-346 is not eligible for expungement. This makes avoiding the conviction itself the primary goal of any defense strategy.

What if I didn’t have any money on me at the time of the arrest?

The crime of solicitation is completed the moment an agreement is made. The law does not require money to have physically changed hands, or even for you to have the money on your person. The verbal or written agreement is the criminal act.

Are text messages enough to convict me?

Yes, text messages are powerful evidence for the prosecution. If the texts clearly show an offer and acceptance of a sex act in exchange for money, they can be sufficient for a conviction. This is why it is critical for your attorney to scrutinize the exact wording for any ambiguity.

Do I really need a lawyer for a misdemeanor?

Absolutely. As outlined above, the consequences of this specific misdemeanor are severe and permanent. An unrepresented defendant is at a significant disadvantage against a trained prosecutor and is far more likely to be convicted and face harsher penalties. The stakes are too high to handle this alone.

What is a “deferred disposition” or “taking it under advisement”?

In some cases, a prosecutor or judge might agree to continue the case for a period (e.g., one year). If the defendant completes certain conditions (like community service, a class, and staying out of trouble), the charge is dismissed at the end of the period. This is an excellent outcome as it avoids a conviction, and it is often a primary goal of our negotiations.

What is a “bawdy place” in the context of the Virginia statute?

Virginia Code § 18.2-347 defines a “bawdy place” as any place within or without any building or structure which is used or is to be used for “lewdness, assignation or prostitution.” A hotel room rented for the purpose of a sting operation can be considered a bawdy place under the law.

If I was just “joking” or not serious, is that a defense?

It can be, but it is a difficult argument to make. It falls under the “lack of intent” defense. The prosecution will argue that your actions (e.g., driving to a specific location after the conversation) demonstrate your serious intent, regardless of what you now claim was your state of mind.

Will my spouse be notified or have to testify?

The court and police will not formally notify your spouse. However, the charge is a matter of public record. Your spouse generally cannot be compelled to testify against you regarding confidential marital communications, but this is a complex area of law that requires careful legal analysis.

How much does it cost to hire a lawyer for a solicitation case?

The cost varies based on the complexity of the case, the jurisdiction, and the experience of the attorney. At Law Offices Of SRIS, P.C., we typically handle these cases on a flat-fee basis so you know the full cost upfront. The investment in a knowledgeable attorney is a fraction of the long-term cost of a permanent criminal conviction.