Understanding the Full Consequences & Stakes of a Conviction

A conviction for soliciting a prostitute in Virginia, governed by Virginia Code § 18.2-346, is a Class 1 Misdemeanor that carries severe direct and collateral penalties. The immediate consequences include the possibility of up to one year in jail and a $2,500 fine. Furthermore, a conviction mandates a blood test for STDs and creates a permanent, public criminal record that can profoundly impact your career, security clearance, and reputation.

When clients first sit in my office after being charged, their primary focus is often on the immediate fear of jail time. While that is a valid and serious concern, my role is to broaden their understanding of the true stakes involved. The penalties for a solicitation conviction in Virginia are multifaceted, creating ripples that can disrupt every area of a person’s life for years to come. It is imperative to view this not just as a court case, but as a critical event that demands a comprehensive defensive strategy.

Direct Penalties Mandated by Virginia Law

The Commonwealth of Virginia does not take offenses related to prostitution lightly. The penalties are codified to punish the act and deter future conduct. The primary statute governing this offense is clear in its classification and potential punishments.

• Classification as a Class 1 Misdemeanor: Under Virginia Code § 18.2-346, soliciting a prostitute is a Class 1 Misdemeanor. This is the highest and most serious category of misdemeanor in Virginia, placing it on par with offenses like DUI (first offense), assault and battery, and reckless driving. This classification alone signals to judges and prosecutors the gravity with which the state views this crime.
• Incarceration and Fines: As a Class 1 Misdemeanor, a conviction exposes you to a maximum of twelve months of incarceration in a county jail and a maximum fine of $2,500. While a first-time offender without an extensive prior record may not receive the maximum sentence, any amount of jail time is a significant disruption, and judges have the full range of punishment at their disposal. The specific outcome often depends on the jurisdiction, the judge, and the facts of the case.
• Mandatory STD Testing: Virginia Code § 18.2-346.1 imposes a particularly invasive and embarrassing penalty. Upon conviction for solicitation, the court is required to order the defendant to submit to a blood test for syphilis, HIV, and Hepatitis C. The results of these tests are reported to the Virginia Department of Health. The defendant must also receive counseling from health department personnel. This is a non-negotiable consequence of conviction and adds a significant layer of personal intrusion to the punishment.

Collateral Consequences: The Punishment Outside the Courtroom

Often, the most damaging penalties are not those handed down by the judge but the collateral consequences that follow a person long after the case is closed. A conviction for solicitation is a permanent mark on your criminal record, accessible to anyone who runs a background check.

• Impact on Employment: Many employers conduct criminal background checks as a standard part of the hiring process. A conviction for a crime involving “moral turpitude,” as solicitation is often classified, can be grounds for termination or can disqualify you from consideration for a new position. This is particularly true for roles in education, finance, healthcare, and government.
• Security Clearances: If you hold or are applying for a government security clearance, a solicitation conviction can be devastating. It raises questions about judgment, discretion, and susceptibility to blackmail. Adjudicative guidelines for security clearances look unfavorably upon criminal conduct of this nature, and it can easily lead to the denial or revocation of a clearance, effectively ending a career in defense or intelligence.
• Professional Licenses: Individuals who hold state-issued professional licenses (doctors, lawyers, nurses, real estate agents, etc.) may be required to report a conviction to their licensing board. The board then has the discretion to initiate disciplinary proceedings, which could result in sanctions, suspension, or even revocation of the license to practice.
• Immigration Status: For non-U.S. citizens, a conviction for solicitation can have severe immigration consequences. It may be deemed a “crime involving moral turpitude” (CIMT), which can render an individual deportable, inadmissible, and ineligible for naturalization or adjustment of status.
• Reputation and Personal Life: The public nature of a criminal charge and conviction cannot be understated. Arrest records are often public, and the stigma associated with this particular offense can cause irreparable harm to your standing in the community and lead to profound personal and familial strain.

The Virginia Legal Process for a Solicitation Charge

The legal process for a solicitation charge in Virginia begins with an arrest, typically during a police sting, and proceeds to the General District Court. Key stages include the arraignment, where you enter a plea; the discovery phase, where your attorney obtains evidence; pre-trial motions to challenge evidence; and finally, a trial where the Commonwealth’s Attorney must prove your guilt beyond a reasonable doubt.

Understanding the roadmap of the legal process is essential for reducing anxiety and making informed decisions. From the moment of the arrest, a series of procedural steps are set in motion, each with its own set of rules and strategic considerations. As your legal counsel, my job is to guide you through this process, protecting your rights at every turn. The case will almost always begin and end in the General District Court, unless an appeal is made to the Circuit Court.

1. Phase 1: The Arrest or Summons

   Most solicitation charges in Virginia arise from meticulously planned police sting operations. These can involve undercover officers posing as prostitutes on the street, or more commonly today, through online advertisements on websites and apps. Law enforcement will create a scenario, and once an individual makes an offer of money for a sexual act and takes a “substantial step” to further that offer (such as showing up at an agreed-upon hotel), an arrest is made. You will be issued a summons to appear in court and then released. It is at this moment that your right to remain silent is most critical.

2. Phase 2: Arraignment in General District Court

   Your first court appearance is the arraignment. This is where you will be formally advised of the charge against you (Solicitation of Prostitution, Va. Code § 18.2-346) and asked to enter a plea. The three possible pleas are guilty, not guilty, or nolo contendere (no contest). In virtually every case I handle, the initial plea is “not guilty.” This is not a statement of final guilt or innocence; it is a procedural step that preserves all of your legal rights and allows your attorney the time to fully investigate the case.

3. Phase 3: Discovery and Case Preparation

   After the arraignment, the discovery process begins. This is where your attorney formally requests all of the evidence the Commonwealth’s Attorney (the prosecutor) has against you. This includes:

   • The police report and narrative from the arresting officer.
   • Any audio or video recordings from the sting operation.
   • Copies of text messages, emails, or communications from online ads.
   • The names of the officers involved.

   During this phase, I conduct a thorough analysis of the evidence, looking for weaknesses in the prosecutor’s case. Did the police follow proper procedure? Was there a clear and unambiguous offer? What was the alleged “substantial act”? Was there a possibility of entrapment? We also work together to gather mitigating evidence, such as character references, proof of employment, and other information that paints a complete picture of who you are, not just what the police report alleges.

4. Phase 4: Pre-Trial Negotiations and Motions

   Armed with a full understanding of the evidence, we engage with the Commonwealth’s Attorney. Depending on the strength of the case and the jurisdiction, it may be possible to negotiate a resolution. This could involve an amendment of the charge to a less serious offense, such as trespassing, or an agreement for a deferred disposition or dismissal upon completion of certain conditions (like counseling or community service). If there are legal grounds to challenge the evidence—for example, if you were illegally stopped or if the evidence does not meet the legal standard for solicitation—we will file pre-trial motions to have that evidence suppressed.

5. Phase 5: The Trial

   If a satisfactory resolution cannot be reached, the case will proceed to trial in the General District Court. In this court, there is no jury; the case is decided by a judge. The prosecutor will present their evidence and call witnesses (usually the undercover officer). Your attorney will have the opportunity to cross-examine these witnesses, challenge the evidence, and present your defense. The prosecutor bears the burden of proving every element of the offense—the offer, the intent, and the substantial act—beyond a reasonable doubt. You have the right to testify in your own defense, but you cannot be compelled to do so. After hearing all the evidence, the judge will render a verdict of guilty or not guilty.

6. Phase 6: Sentencing and Appeal

   If you are found guilty, the judge will proceed to sentencing. This is where your attorney will argue for the most lenient penalty possible, presenting the mitigating evidence we have gathered. After the sentence is imposed, you have an absolute right to appeal the conviction to the Circuit Court within 10 days. An appeal results in a brand new trial (a “trial de novo”), this time with the option of a jury. This right of appeal is a powerful strategic tool in the Virginia legal system.

The SRIS Solicitation Charge Evidence & Mitigation Checklist

After being charged with solicitation, feeling overwhelmed is normal. However, taking prompt, methodical action can significantly influence the outcome of your case. This checklist is a practical guide designed to help you and your legal counsel preserve crucial information and prepare a robust defense. Do not speak to anyone about these details except your attorney.

1. Step 1: Immediate Post-Charge Actions

   • Invoke Your Right to Remain Silent. Do not discuss the details of the incident with police, friends, or family. Any statement can be used against you. Politely state, “I wish to remain silent and I want to speak with an attorney.”
   • Document Your Recollection. As soon as possible, write down everything you remember about the incident in a private document for your attorney. Include details about the location, what was said by all parties, the sequence of events, and how you felt. Memories fade, so immediate documentation is key.
   • Secure Legal Representation. Contact a knowledgeable Virginia criminal defense attorney immediately. The actions you take in the first 48 hours are critical, and you need professional guidance.

2. Step 2: Evidence Preservation (For Your Attorney’s Review ONLY)

   • Preserve All Digital Communications. Do NOT delete anything. Take screenshots of any online ads, text messages, app conversations, or emails related to the incident. Provide these only to your attorney. Deleting them can be seen as destruction of evidence.
   • Gather Location Data. If possible, save your GPS location history from your phone for the time of the incident. This can sometimes be used to contest the police officer’s version of events.
   • Identify Potential Witnesses. Was there anyone else present who might have seen or heard something, even if they weren’t directly involved? A hotel clerk, a valet, or others in the area? Note this for your lawyer.
   • Collect Transaction Records. If an alleged transaction involved an ATM withdrawal or electronic payment, save the record of that transaction. This information is vital for your attorney to analyze.

3. Step 3: Building Your Mitigation File

   • Compile Character Reference Letters. Begin thinking about individuals who could write letters attesting to your good character. These should be people who have known you for a significant time in a professional or personal capacity (e.g., employers, colleagues, long-time friends). Your attorney will guide them on the proper format and content.
   • Gather Proof of Stability. Collect documents that demonstrate your stability and contributions to the community. This can include proof of employment (pay stubs), military service records (DD-214), volunteer work records, and certificates of achievement.
   • Proactively Address Potential Issues. Discuss with your attorney whether it would be beneficial to proactively engage in counseling or therapy. Taking initiative can be viewed favorably by the court, but this step should only be taken after consulting with your legal counsel.

By methodically working through this checklist under the guidance of your attorney, you shift from a reactive state of anxiety to a proactive position of building the strongest possible case for a favorable outcome.

Strategic Approaches: Potential Legal Strategies & Defenses

A successful defense against a solicitation charge in Virginia requires a meticulous dissection of the prosecution’s evidence to identify weaknesses. Common and effective legal strategies include challenging the absence of a clear agreement, arguing that no “substantial act” occurred, raising the defense of entrapment, and questioning the credibility of law enforcement witnesses.

Every criminal case is unique, and the right strategy depends entirely on the specific facts and evidence. As a seasoned defense attorney, my approach begins with the presumption of innocence and a deep dive into the Commonwealth’s case to find every possible flaw. The burden of proof is entirely on the prosecutor, and our job is to show the court that they cannot meet that high standard. Here are some of the key strategic avenues we explore.

Challenging the “Agreement” Element

The core of a solicitation charge is the agreement—the “meeting of the minds”—to exchange something of value (usually money) for a sexual act. However, conversations, especially those with undercover officers, can be deliberately ambiguous. We scrutinize the language used. Was there a clear, unequivocal offer and acceptance? Or was the conversation vague and open to interpretation? If the words exchanged were couched in slang or euphemisms, we can argue that there was no mutual understanding and therefore no illegal agreement. A misunderstanding is not a crime.

Contesting the “Substantial Act”

Virginia Code § 18.2-346 requires that the defendant, after making an offer, “does any substantial act in furtherance thereof.” This is a critical element that is often contestable. Simply having a conversation is not enough. The Commonwealth must prove you took a concrete step to carry out the alleged agreement. What constitutes a “substantial act” is a matter of legal argument. For example:

• Driving to a location might be considered a substantial act, but what if you were already there for another reason?
• Withdrawing money from an ATM could be seen as a substantial act, but the money could have been for any number of legitimate purposes.
• Entering a hotel room might seem definitive, but the specific context matters.

We analyze the act in question and argue whether it truly rises to the legal level of a “substantial act” or if it was merely preparatory or equivocal.

The Entrapment Defense

Entrapment is a challenging but powerful defense. It doesn’t claim you didn’t commit the act, but rather that you were induced to do so by law enforcement and would not have done so otherwise. To prove entrapment, we must show two things: (1) the idea for the crime originated with the police, not you, and (2) you were not “predisposed” to commit the crime. If an undercover officer had to use an extraordinary amount of persuasion, pressure, or coercion to get you to agree, we can build an entrapment defense. This requires a deep look into the conduct and tactics of the police during the sting operation.

Attacking the Credibility of Witnesses

The primary witness in a solicitation case is almost always the undercover officer. Like any witness, their credibility and testimony can be challenged. We investigate their history and the specifics of their report. Were there inconsistencies in their testimony versus their written report? Did their audio or video evidence match their claims? Did they follow departmental procedures? By creating reasonable doubt about the officer’s version of events, we can undermine the entire foundation of the prosecutor’s case.

Negotiating for a Favorable Plea or Diversion

Sometimes, the strongest strategy is not a trial but a skillfully negotiated resolution. If the evidence against a client is strong, going to trial can be a significant risk. In these situations, my extensive experience and relationships within the Virginia legal community become invaluable. We can present a comprehensive mitigation package to the prosecutor, highlighting your otherwise clean record, stable life, and proactive steps like counseling. The goal is to persuade the prosecutor to agree to reduce the charge to something less damaging (like disorderly conduct or trespassing) or to place you in a diversionary program where the charge is ultimately dismissed after a period of good behavior, thereby protecting your permanent record.

Critical Mistakes to Avoid After a Solicitation Charge

After being charged with solicitation, the most damaging mistake is speaking to law enforcement without an attorney present. Other critical errors include deleting potential evidence from your phone, underestimating the severity of a Class 1 Misdemeanor, failing to appear in court, and attempting to contact the undercover officer or any other party involved.

In the panic and confusion following an arrest, it is easy to make unforced errors that can severely compromise your legal defense. Your actions in the hours and days after being charged are watched closely and can have a lasting impact on your case. Having guided countless clients through this ordeal, I have identified several common pitfalls that must be avoided at all costs.

• Talking to the Police. This is the single most critical mistake. Police officers are trained to elicit incriminating information. You may think you are explaining your side of the story or clearing up a misunderstanding, but you are almost certainly providing them with evidence they will use against you. Politely and firmly invoke your right to remain silent and your right to an attorney.

• Deleting Messages or Data. The instinct to erase incriminating text messages, app conversations, or browser history is strong, but you must resist it. This act can be charged as a separate crime (obstruction of justice) and demonstrates a “consciousness of guilt” to the prosecutor and judge, making your situation significantly worse. Preserve all evidence and turn it over to your attorney only.

• Underestimating the Charge. Many people mistakenly believe a misdemeanor is “not a big deal.” As detailed earlier, a Class 1 Misdemeanor in Virginia is a serious criminal offense with potential jail time and lifelong collateral consequences. Treating it as a minor inconvenience is a grave error in judgment.

• Failing to Hire Experienced Counsel. Thinking you can handle a solicitation charge on your own, or hiring an attorney who does not have significant experience with Virginia’s criminal courts and solicitation cases, is a major risk. These cases have specific nuances, from understanding police sting tactics to knowing the local prosecutors and judges.

• Missing Your Court Date. Failing to appear for your scheduled court date will result in the judge issuing a capias, which is a warrant for your arrest. You will face an additional charge for “Failure to Appear,” which complicates your case and eliminates any goodwill you might have had with the court.

• Contacting the “Prostitute” (Undercover Officer). In some cases, individuals try to contact the person they solicited, hoping to reason with them or ask them not to testify. In a sting operation, this person is a police officer. Attempting to contact them is at best fruitless and at worst could lead to additional charges like witness intimidation.

• Discussing Your Case with Anyone But Your Attorney. Your conversations with your attorney are protected by attorney-client privilege. Your conversations with friends, family, or partners are not. Do not post about your case on social media or discuss it in emails or text messages. Keep the details of your case confidential and confined to your legal counsel.

Glossary of Key Legal Terms

Solicitation

As defined in Virginia Code § 18.2-346, the act of offering money or its equivalent to another person for the purpose of engaging in a sexual act, and then taking a substantial action to further that offer.

Class 1 Misdemeanor

The most serious category of misdemeanor in Virginia, punishable by up to 12 months in jail, a fine of up to $2,500, or both.

Commonwealth’s Attorney

The official term for the prosecutor in Virginia who represents the state’s interest in a criminal case.

General District Court

The court where all misdemeanor cases in Virginia are initially heard and tried. Trials in this court are decided by a judge, not a jury.

Entrapment

A legal defense asserting that a defendant was induced by law enforcement to commit a crime that they were not otherwise predisposed to commit.

Substantial Act

A required element of solicitation in Virginia, meaning a concrete action taken after an offer is made that moves the plan forward, such as driving to a meeting place or withdrawing cash.

Trial de Novo

Latin for “a new trial.” In Virginia, an appeal of a General District Court conviction to the Circuit Court results in a completely new trial, where the previous outcome is disregarded.

Common Scenarios & Questions from Individuals Charged

Over two decades of practice, I’ve seen solicitation charges arise from a few common scenarios. These realistic situations reflect the questions and anxieties that people bring to my office.

Frequently Asked Questions (FAQ)