Whether in the Phoenix area, or anywhere in Arizona, per the City of Phoenix City Code § 23-52 "Solicitation of Prostitution" occurs when one person offers money or something of value in order for another person to engage in a sex act with them. Although there is no corresponding Arizona Revised Statute (i.e., "State Code"), almost every individual city has their own municipal code outlawing Solicitation of Prostitution.
Per the City of Phoenix, City Code, a first violation results in a mandatory minimum of fifteen (15) days in jail, up to a maximum of six (6) months in jail. In addition, $2500.00 fine can be imposed along with an 80% surcharge.
If a person has one (1) allegeable historical prior Solicitation conviction, then the mandatory minimum is thirty (30) days under the City of Phoenix City Code. If a person has two (2) allegeable historical prior Solicitation convictions, then the mandatory minimum is ninety (90) days in jail. If a person has three (3) allegeable historical prior Solicitation convictions, then the mandatory minimum is six (6) months in jail.
Each individual City has a municipal code which requires it's own amount of jail time, however, all of them treat Solicitation of Prostitution as a class one (1) misdemeanor, which means that the punishment range could be anywhere from probation with zero (0) days in jail, up to six (6) months in jail. In addition, the cities can impose a fine up to $2500.00, plus an 80% surcharge. Some cities even go so far as to publish a Defendant's name and photo in the local newspaper upon conviction.
The primary defense to the charge of Solicitation of Prostitution is what is known as the "Just Kidding" defense (i.e., "Lack of Intent"): this means that the person had "no intent" to actually follow through with a sex act. For example, if four (4) college males were driving in a car, and they yelled out "hey baby, how much?", and it turned out they were speaking to an undercover Officer (not a prostitute), then they probably will be arrested. Clearly if they were "just kidding," then this will be a defense. It is important to look to see whether a specific sex act and amount of money was discussed. In addition, if the person does not have any money on their possession, or no condoms in their possession, then it usually appears that they really were not serious about following through with the sex act. It is important to look at all of the scenarios that were involved, and review any audio tapes (because the undercover Officers are normally wired for audio) and make sure that they are thoroughly explored.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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