Legal Strategies for Reducing Charges of Solicitation of a Minor in Miami
Challenging the Admissibility of Evidence
A top priority is attacking the admissibility of the prosecution’s evidence, as much of it may have been obtained illegally in violation of a defendant’s constitutional rights. Common arguments made by defense lawyers include:
Illegal police surveillance – If police failed to obtain proper judicial authorization for using surveillance techniques like wiretapping phone calls or monitoring internet activities, then any evidence gathered may be deemed inadmissible.
Coerced confessions – Any admissions or statements made under duress during coercive police interrogations may be excluded as well.
Invalid search warrants – If there was no probable cause justifying issuance of a search warrant for a defendant’s home, car or electronic devices, then any evidence found may be suppressed.
Warrantless searches – Evidence is also subject to exclusion if seized by police without a warrant or lacking exigent circumstances permitting a warrantless search.
Having an experienced Miami criminal defense lawyer review the specific circumstances surrounding the gathering of evidence is imperative to identify Fourth and Fifth Amendment violations. Getting damning evidence thrown out can profoundly impact the prosecution’s case and negotiating leverage.
Using Technical Computer Defenses
Given that many solicitation of minor cases originate from online communications, a computer forensics defense that casts doubt on whether the defendant actually sent the illicit messages can be effective. Skilled criminal defense lawyers dig deep into the digital evidence, looking for:
IP address mismatches – If the IP address traced to the source of the communications does not match devices belonging to the defendant, it seriously undermines the prosecution’s account.
Malware infections – If spyware or viruses infected the defendant’s device unbeknownst to them, it’s possible a third-party hijacked their computer to send incriminating messages.
Shared internet connections – If a defendant’s Wi-Fi network was unsecured, someone else nearby could have accessed it without permission to send the illegal solicitations.
Leveraging these technical defenses, attorneys can demonstrate reasonable doubt regarding whether prohibited computer-based communications actually came from the defendant.
Arguing Unawareness of True Age
While ignorance typically is not an excuse in legal matters, with solicitation offenses involving minors, unawareness of the victim’s underage status can be a strong defense. Skilled lawyers will scour the communication records, looking for any indicators that the defendant was led to believe the minor was older, such as:
Misleading online profile – Evidence showing a minor’s online profile listed an age over 18 can establish reasonable mistaken belief regarding age.
Deceptive correspondence – If a minor made written statements alluding to being a legal adult, it further bolsters an unawareness defense.
Maturity level displayed – Even photos or videos depicting a minor as sexually mature can shape an innocent state of mind defense.
In the absence of clear flags revealing the victim was under legal age, asserting the defendant’s lack of awareness can effectively undermine prosecution charges.
Negotiating Plea Deals
Rather than leaving the outcome to an uncertain trial, many solicitation of minor cases end through a negotiated plea bargain where the defendant pleads guilty in exchange for reduced charges and a lighter sentence. Typical deals defense lawyers may secure include:
Pleading to misdemeanor – Getting felony charges dropped down to misdemeanors with no prison time and probation is a common outcome.
Pre-trial diversion – Programs allowing charges to eventually be dismissed following completion of probation, restitution, community service or counseling may apply.
Offense reduction – Pleading guilty to lesser offenses like corrupting a minor rather than facing more serious felonies.
No sex offender registration – Avoiding placement on Florida’s sex crimes registry is a key defense priority to prevent lasting stigma.
In the hands of a skilled Miami criminal defense attorney thoroughly prepared to issue evidentiary challenges, raise technical defenses and negotiate for leniency, even strong solicitation cases can result in greatly minimized penalties. With so much at stake, securing experienced legal counsel from the start offers accused individuals the best chance at the most favorable resolution achievable.