Penalties and Stakes: Understanding What’s at Risk

A charge of prostitution or solicitation in Norfolk is not a minor infraction; it is a Class 1 misdemeanor under Virginia Code § 18.2-346 with significant, lasting consequences. Understanding the full scope of potential penalties is the first step in appreciating the gravity of the situation and the critical need for a well-prepared defense. The stakes extend far beyond a simple fine.

When clients first sit in my office, their primary concern is often the immediate legal penalty. It’s a valid fear, and the law is clear. As a Class 1 misdemeanor, a conviction carries a maximum penalty of twelve months in jail and a fine of up to $2,500. While a first-time offender without a prior record may not receive the maximum sentence, any amount of jail time is a devastating prospect. The judge has wide discretion and will consider the specific facts of your case, your criminal history, and arguments from both the prosecutor and your defense attorney.

However, my experience has taught me that the court-imposed penalties are often just the beginning. The collateral consequences—the hidden penalties that follow you long after your case is closed—can be even more damaging. A conviction for prostitution or solicitation is a crime of “moral turpitude.” This legal term has real-world implications:

• Permanent Criminal Record: Unlike some lesser offenses, a conviction for prostitution in Virginia is not something that can be easily sealed or expunged. It remains on your record permanently, accessible to anyone who runs a background check.
• Employment Consequences: This is perhaps the most significant long-term impact. Many employers, particularly in government, finance, education, and healthcare, have strict policies against hiring individuals with convictions for crimes of moral turpitude. If you hold a professional license (as a doctor, lawyer, nurse, accountant, etc.), a conviction could trigger a review by your licensing board, potentially leading to suspension or revocation.
• Security Clearances: For individuals working in defense, government contracting, or other roles requiring a security clearance in the Norfolk area, a solicitation charge can be catastrophic. It raises questions about judgment, discretion, and susceptibility to blackmail, often leading to the denial or revocation of a clearance.
• Immigration Status: If you are not a U.S. citizen, a conviction for a crime involving moral turpitude can have severe immigration consequences, including deportation, denial of naturalization, or refusal of re-entry into the country.
• Personal and Reputational Harm: The nature of this charge carries a unique social stigma. The publication of arrest logs (blotters) and the public nature of court proceedings can cause immense damage to your reputation within your community, family, and professional circles.

The central statute we contend with in these cases is Virginia Code § 18.2-346. It is remarkably broad. It criminalizes not only the act of prostitution itself but also the act of soliciting it. This means offering money for a sexual act, or even just being an inmate in a “bawdy place” (a location like a brothel or illicit massage parlor), can lead to the same charge. The law doesn’t require the sexual act to have occurred; the mere agreement is sufficient for the Commonwealth to bring a charge. This is a critical point that the Norfolk Police and the Commonwealth’s Attorney use to their advantage, particularly in sting operations.

The Norfolk Legal Process: From Arrest to Resolution

Navigating the legal system after a solicitation arrest in Norfolk follows a structured, and often intimidating, path from the moment of the arrest through the final court date. This process primarily involves the Norfolk Police Department, the Norfolk General District Court, and the Office of the Commonwealth’s Attorney. Understanding each stage is vital to building an effective defense and reducing the anxiety that comes from uncertainty.

From my years of experience, I can map out the journey for my clients so they know what to expect. The process is a sequence of critical junctures, each one an opportunity for a prepared legal team to advocate on your behalf.

Step 1: The Arrest and Investigation

Most solicitation arrests in Norfolk don’t happen by chance. They are the result of deliberate investigations by the Norfolk Police Department. The most common methods are:

• Online Stings: An undercover officer posts a decoy ad on a classifieds website or social media platform. When an individual responds and, through text messages or phone calls, makes an agreement for a sexual act in exchange for money, they are instructed to go to a specific hotel room or location. Upon arrival, they are arrested by a team of officers.
• “John” Stings: Undercover female officers pose as prostitutes in areas known for such activity. They wait for individuals to approach them and initiate a conversation that leads to an agreement for sex for money, at which point an arrest is made.
• Massage Parlor Raids: Police conduct surveillance on businesses suspected of being fronts for prostitution. During a raid, both employees and patrons can be arrested and charged.

At the time of arrest, it is imperative to remember your constitutional rights. You have the right to remain silent. I always advise my clients: say nothing beyond basic identifying information. Do not try to explain yourself or talk your way out of it. Anything you say can and will be used against you. You also have the right to refuse a search of your phone or vehicle without a warrant. Politely and firmly state, “Officer, I do not consent to any searches.”

Step 2: Booking, Bond, and Arraignment

After the arrest, you will be taken to the Norfolk City Jail for booking. This involves being photographed, fingerprinted, and having your personal information recorded. A magistrate will then determine the conditions of your release. For a first-offense misdemeanor, you will likely be released on your own recognizance or a small, unsecured bond. You will be given a date for your first court appearance, which is the arraignment.

The arraignment takes place at the Norfolk General District Court. This is a brief hearing where the judge formally reads the charge against you (violating VA Code § 18.2-346) and asks how you plead. This is the point where having legal representation is crucial. We will appear on your behalf, enter a plea of “not guilty,” and set a date for trial. This preserves all your rights and gives us time to begin our work.

Step 3: The Discovery Phase and Case Preparation

Once a trial date is set, the “discovery” process begins. We file a formal request with the Office of the Commonwealth’s Attorney for the City of Norfolk, the agency that prosecutes these cases. They are required to provide us with all the evidence they have against you. This typically includes:

• The police report written by the arresting officer.
• Body camera or other video/audio recordings.
• Copies of text messages, online ads, and call logs.
• A list of witnesses they intend to call.

This is where the real work of building a defense begins. We meticulously analyze every piece of evidence. Was the “agreement” clear and unambiguous? Did the officer’s report contradict the video evidence? Were your constitutional rights violated at any point? We scrutinize the police procedure for any missteps that could lead to evidence being suppressed.

Step 4: Pre-Trial Negotiations and Motions

Armed with our analysis, we can engage with the prosecutor. Sometimes, weaknesses in their case can lead to a favorable negotiation. This could result in the charge being reduced to a lesser offense (like disorderly conduct) or even dismissed entirely, perhaps in exchange for completing community service or an educational program. We may also file pre-trial motions, such as a “Motion to Suppress,” asking the judge to exclude evidence that was obtained illegally.

Step 5: The Trial or Resolution

If the case is not resolved beforehand, it will proceed to trial in the Norfolk General District Court. Most misdemeanor trials are “bench trials,” meaning the judge hears the evidence and decides the verdict, without a jury. The prosecutor presents their case, and we have the opportunity to cross-examine their witnesses, present our own evidence, and make legal arguments on your behalf.

Should the outcome in the General District Court be unfavorable, you have an absolute right to appeal the case to the Norfolk Circuit Court. An appeal results in a brand-new trial (a “trial de novo”), giving us a second chance to present the case, this time with the option of a jury trial.

The SRIS Norfolk Charge Evidence Preservation Guide

In the immediate aftermath of an arrest, evidence is fresh and your memory is sharpest. The actions you take—or fail to take—in these first few hours can fundamentally shape the defense of your case. This guide is a practical, first-steps tool designed to help you preserve crucial information before it is lost. Do not alter or delete anything; simply preserve it.

1. Step 1: Create a Detailed Written Narrative. As soon as possible, sit down and write out everything you can remember about the incident. Do not interpret or judge, just state the facts.
   • Where were you? (Street names, hotel name, room number).
   • What was the date and time?
   • How did the interaction begin? (Online ad, on the street).
   • What exactly was said by you and by the other person (the undercover officer)? Try to recall direct quotes.
   • Was money discussed? How much? What were the exact words used?
   • What happened during the arrest? What did the officers say to you?
   • Were you read your Miranda rights? If so, when?
2. Step 2: Preserve All Digital Communications. Digital evidence is central to most modern solicitation cases. It is vital that you do not delete anything, as this can be seen as destroying evidence.
   • Screenshots: Take clear screenshots of the online advertisement you responded to, as well as the entire text message or messaging app conversation. Ensure the timestamps and phone numbers are visible.
   • Call Logs: Take a screenshot of your phone’s call log showing any calls made or received related to the incident.
   • Back-Up: Back up this data to a secure cloud service or email it to yourself so it is not solely on the device that could be seized.
3. Step 3: Secure Your Devices and Accounts. The police may ask for consent to search your phone or computer.
   • Politely but firmly state, “I do not consent to a search.” They will need a warrant to compel you to provide access.
   • Do not volunteer passwords to your devices or social media accounts.
   • Consult with an attorney immediately to understand your rights regarding digital privacy.
4. Step 4: Identify Potential Witnesses. Was there anyone else present who might have seen or heard something? A friend in the car? A hotel clerk? Write down their names and contact information. Their observations could be valuable, even if they seem minor.
5. Step 5: Invoke and Maintain Your Silence. The most important step. Beyond the actions above, do not discuss the details of your case with anyone—not friends, not family, and especially not the police. Your conversations with your attorney are confidential and protected. All other conversations are potential evidence against you.

Strategic Defenses Against Prostitution & Solicitation Charges

A prostitution or solicitation charge is defensible, and an arrest does not equate to a conviction. The Commonwealth has the burden of proving every element of the offense beyond a reasonable doubt. A seasoned defense attorney’s job is to dismantle their case, piece by piece, by applying proven legal strategies to the specific facts of your situation. Every case is unique, but the defenses often stem from a few core principles.

Over the years, I’ve found that a successful defense is rarely about one “silver bullet.” It’s about a meticulous examination of the evidence and police procedure to find the weaknesses in the prosecution’s narrative. Here are some of the primary avenues we explore when building a defense against a charge under VA Code § 18.2-346.

Challenging the “Agreement”

The very heart of a solicitation charge is the “agreement.” The prosecutor must prove that there was a meeting of the minds—a clear, mutual understanding—to exchange an item of value (usually money) for a specific sexual act (as defined in the law, such as sexual intercourse or sodomy). Vague, ambiguous, or suggestive language is often not enough. We scrutinize the conversations, whether text or verbal:

• Was a specific sexual act ever mentioned?
• Was a specific price ever agreed upon?
• Could the conversation be interpreted in another way? For example, an agreement to meet for a date or companionship, with money discussed for time, not a specific sexual act?

If the language is murky, we can argue that no legally binding agreement was ever formed, and therefore a critical element of the crime is missing.

The Entrapment Defense

Entrapment is a commonly misunderstood defense. It is not simply about police providing an opportunity to commit a crime. In Virginia, entrapment requires proving two things: (1) the crime was the idea of the police, not you, and (2) the police used persuasion or inducement to convince you to commit a crime that you were not otherwise predisposed to commit. This is a very high bar. We must show that the police conduct went beyond a simple decoy and actively coerced you. For example, if an undercover officer repeatedly contacted you, appealed to your sympathy, or pressured you after you initially declined, we might have grounds for an entrapment defense. It is difficult, but in cases of egregious police conduct, it can be a powerful argument.

Lack of Sufficient Evidence

The prosecutor’s case may simply be weak. Perhaps the audio recording is inaudible. Maybe the undercover officer’s memory of the conversation, as written in the report, is inconsistent or lacks crucial details. In some cases, especially street-level stings, there may be no physical evidence at all—just the officer’s word against yours. In these “he said/she said” scenarios, we can challenge the officer’s credibility, memory, and potential biases, arguing that the Commonwealth has failed to meet its high burden of proof.

Constitutional and Procedural Violations

The police must follow the law when they investigate and arrest you. If they violate your constitutional rights, we can file a motion to have the evidence they collected thrown out. Common violations include:

• Illegal Search and Seizure (Fourth Amendment): Did the police search your car or phone without a warrant or your valid consent? If so, anything they found during that illegal search could be suppressed.
• Miranda Rights Violations (Fifth Amendment): Were you interrogated while in custody without being informed of your right to remain silent and your right to an attorney? If you made incriminating statements during such an interrogation, those statements could be ruled inadmissible.
• Chain of Custody Issues: Was the evidence (like a cell phone or recorded conversation) handled properly from the moment of seizure to the trial? Any breaks in the chain of custody can call the integrity of the evidence into question.

A successful motion to suppress can gut the prosecution’s case, often leading to a dismissal of the charges.

Common Mistakes to Avoid After a Norfolk Solicitation Arrest

The minutes and days following an arrest are fraught with anxiety, and it’s easy to make critical errors that can jeopardize your defense. As an attorney who has seen these cases from every angle, I can tell you that avoiding these common pitfalls is as important as any legal strategy we might later employ.

1. Talking to the Police. This is the single most damaging mistake. You will not talk your way out of the charge. Police officers are trained in interrogation techniques designed to elicit incriminating statements. Your attempts to “explain” will be twisted and used against you. Politely invoke your right to remain silent and ask for a lawyer.
2. Consenting to Searches. Never voluntarily consent to a search of your person, your vehicle, or your phone. Police will often say, “If you have nothing to hide, you won’t mind if we look.” This is a tactic. Make them get a warrant. Consenting waives your Fourth Amendment rights and makes it much harder to challenge the evidence they find.
3. Deleting Evidence. In a panic, some people delete the text messages, call logs, or browser history related to the incident. Do not do this. This is an act called spoliation of evidence, and it can be used against you in court to show “consciousness of guilt.” It also prevents your attorney from analyzing the evidence to find weaknesses in the police’s case. Preserve everything.
4. Assuming a Guilty Plea is Your Only Option. Many people feel so ashamed and overwhelmed that they believe pleading guilty is the quickest way to put the incident behind them. This is a permanent solution to a temporary problem. A guilty plea results in a conviction, a criminal record, and all the collateral consequences. Always explore your defense options first.
5. Discussing the Case with Anyone But Your Attorney. Your conversations with your spouse, friends, or family are not legally privileged. If they are called to testify, they could be forced to repeat what you told them. The only 100% confidential communication is with your lawyer. Keep the details of your case private.
6. Missing Your Court Date. Failing to appear in court will result in the judge issuing a capias, or a bench warrant for your arrest. This complicates your case immensely, makes you look irresponsible to the court, and may result in you being held in jail until your new court date.

Glossary of Key Legal Terms

Solicitation

The act of offering, or agreeing to offer, money or its equivalent to another person for the purpose of engaging in a sexual act. The act itself does not need to occur; the agreement is the crime.

Prostitution

The act of engaging in, or agreeing to engage in, a sexual act for money or its equivalent. Under VA Code § 18.2-346, it carries the same penalty as solicitation.

Bawdy Place

A legal term defined in VA Code § 18.2-355 for any place, such as a building or vehicle, that is used for the purposes of prostitution or illicit sexual intercourse. Simply being an inmate of such a place is a crime.

Entrapment

A legal defense where the defendant argues they were induced by law enforcement to commit a crime they were not predisposed to commit. It requires proving both government inducement and the defendant’s lack of predisposition.

Misdemeanor

A class of criminal offense less serious than a felony. In Virginia, a Class 1 Misdemeanor is the most serious type, punishable by up to 12 months in jail and/or a $2,500 fine.

Commonwealth’s Attorney

The elected official in a specific city or county in Virginia responsible for prosecuting criminal cases on behalf of the state (the Commonwealth).

Discovery

The formal pre-trial process where the defense obtains evidence and information from the prosecution. This includes police reports, witness lists, and any video or audio recordings.

Common Scenarios Leading to Arrest

Most prostitution and solicitation arrests in Norfolk are not random. They fall into predictable patterns, often revolving around police sting operations. Understanding these common scenarios can help you recognize the situation you may be in.

Scenario 1: The Online Classifieds/Backpage-Style Sting

John is browsing an online classifieds site. He sees an ad with a suggestive photo and a phone number. He texts the number and a conversation begins. The person on the other end, an undercover officer, is vague but agreeable. They settle on a price for a certain amount of “time.” The officer gives John a hotel room number in Norfolk. When John knocks on the door with cash in hand, he is met by several police officers and placed under arrest for solicitation. The text messages and his presence at the hotel are the primary evidence against him.

Scenario 2: The “Street” or “Car” Solicitation

Mike is driving through a part of Norfolk late at night. He sees a woman on the corner who appears to be a prostitute. He pulls over to talk to her. The woman, an undercover officer, gets straight to the point, asking if he is “looking for a good time.” A brief negotiation over a specific act and price occurs. The moment Mike agrees, a hidden team of officers moves in and arrests him. The key evidence here is the audio recording from the wire the undercover officer was wearing.

Scenario 3: The Massage Parlor Raid

David goes to a massage parlor he found online that has reviews hinting at “extra” services. During his massage, the masseuse offers to perform a sexual act for an additional fee or “tip.” David agrees. At that moment, or shortly after, the Norfolk Police, who have been conducting surveillance on the business, raid the establishment. They arrest employees and any patrons, like David, who are believed to have solicited or engaged in prostitution. His presence and potential statements to police are the evidence.

Frequently Asked Questions

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

Not necessarily. While up to 12 months of jail time is a possible penalty for a Class 1 misdemeanor, it is not mandatory. For a first-time offender, an experienced attorney can often negotiate alternatives, such as fines, community service, educational programs, or even a dismissal. The outcome depends heavily on the facts of your case and the quality of your legal representation.

Is solicitation the same as prostitution in Virginia?

Legally, yes. Both offenses are covered under the same statute, Virginia Code § 18.2-346, and carry the exact same penalties as a Class 1 misdemeanor.

Can I get this charge removed from my record?

This is a common and critical question. If you are convicted of the charge, it cannot be expunged from your record in Virginia. However, if the charge is dismissed or you are found not guilty, you can petition the court for an expungement, which would seal the record of the arrest. This is a primary goal in any defense strategy.

Do I really need a lawyer for a misdemeanor?

Absolutely. The term “misdemeanor” is misleadingly mild. A Class 1 misdemeanor carries serious potential jail time and, more importantly, creates a permanent criminal record for a crime of moral turpitude. The consequences are far too severe to face without seasoned legal counsel.

What is a “john” sting?

A “john” sting is a police operation specifically targeting the customers, or “johns,” of prostitution. This can involve undercover female officers posing as prostitutes on the street or male/female officers posting decoy ads online to lure in and arrest solicitors.

I was just in the “bawdy place” but didn’t do anything. Can I still be charged?

Yes. VA Code § 18.2-347 makes it a Class 1 misdemeanor to frequent, reside in, or be an inmate of a “bawdy place,” which is defined as a location kept for the purpose of prostitution. The prosecution would need to prove you knew the nature of the location, but your mere presence can be enough to lead to a charge.

The officer was very friendly and I just told them what happened. Did I ruin my case?

While making a confession complicates a case, it doesn’t automatically ruin it. We can still challenge whether your statement was made voluntarily, whether you were properly read your Miranda rights if you were in custody, and build a defense around other elements of the case.

How much does it cost to hire an attorney for a solicitation charge?

The cost can vary based on the complexity of the case and the experience of the attorney. However, the investment in a knowledgeable legal defense should be weighed against the immense long-term costs of a conviction: lost job opportunities, damage to your reputation, and potential jail time.

I wasn’t a resident of Norfolk, just visiting. Does that matter?

No. You are subject to the laws of the Commonwealth of Virginia and the jurisdiction of the Norfolk courts, regardless of where you live. You will have to appear in the Norfolk General District Court to answer the charge.

What if no money actually changed hands?

It doesn’t matter. The law criminalizes the *agreement* to exchange money for a sexual act. The prosecutor does not need to prove that cash was ever handed over, only that a deal was struck.