Fighting a Solicitation of Juveniles Accusation in St. Louis County with a Dedicated Defense Attorney
The world can turn upside down in an instant, especially when facing an accusation as severe as solicitation of juveniles. If you’re reading this in Duluth, St. Louis County, or one of our close-knit Northern Minnesota communities like Two Harbors or Proctor, you know the gravity of such a charge. This isn’t merely a legal problem; it’s a personal earthquake, threatening to shatter your reputation, livelihood, and family life. The shame, the fear, the isolation – these feelings can be overwhelming. You’re confronting the full power of the state, and the potential for long-term consequences looms large, threatening everything you’ve built.
An accusation of soliciting a juvenile isn’t just about what happened; it’s about what people will think happened. In a community like Cloquet or Bemidji, where reputations are hard-earned and easily damaged, such a charge can devastate your standing, impacting your job, your relationships, and your future. The thought of your family bearing the brunt of this crisis is unbearable. But remember, an accusation is precisely that: an accusation. It is the beginning of a fight, not the end of your life. You need more than just legal counsel; you need a relentless advocate who understands the stakes, who will stand with you against the state, and who will meticulously forge a path forward through strength, strategy, and an unwavering commitment to your defense.
The Stakes: What a Conviction Truly Costs
A conviction for solicitation of juveniles, regardless of the underlying intended crime, carries devastating and far-reaching consequences that extend far beyond any immediate penalties. This isn’t just a legal battle; it’s a fight for your future, your freedom, and your place in society.
Your Permanent Criminal Record
A conviction for solicitation of juveniles will result in a permanent criminal record. This isn’t something that fades away over time or can be easily forgotten. It becomes a persistent mark on your history, accessible to anyone conducting a background check, from potential employers to landlords. In the digital age, this record follows you, creating an enduring stigma. It can close doors to employment opportunities, impact your ability to volunteer in your community, and fundamentally alter how you are perceived in places like Duluth or throughout St. Louis County. This record is a public declaration, and it can become a barrier to building a stable and fulfilling life long after your sentence is served.
Loss of Second Amendment Rights
A felony conviction for solicitation of juveniles, where the intended criminal act was also a felony, will result in the permanent loss of your Second Amendment rights. This means you will be prohibited from owning or possessing firearms for the rest of your life. This is not a temporary restriction; it is a fundamental and irreversible forfeiture of a constitutional right. Even if the underlying intended crime was a gross misdemeanor, and thus the solicitation conviction a gross misdemeanor, future legal issues could still impact your firearm rights. Understanding these profound consequences is critical, as they can alter a significant aspect of your personal freedom and lifestyle, particularly in regions where firearm ownership is common, like many parts of Northern Minnesota.
Barriers to Employment and Housing
Perhaps one of the most immediate and crippling consequences of a conviction for solicitation of juveniles is the profound impact on your ability to secure employment and housing. Many employers conduct thorough background checks, and a conviction of this nature can make you virtually unemployable in a wide range of fields. Trustworthiness and a clean record are paramount for many positions, especially those involving any interaction with minors. Similarly, landlords often run criminal background checks, and a conviction for soliciting a juvenile can make it incredibly difficult to find stable housing, forcing you into difficult and often unstable living situations in communities like Two Harbors or Proctor. The stigma attached to such a charge can follow you relentlessly.
Impact on Professional Licenses and Reputation
For individuals holding professional licenses – whether as an educator, healthcare provider, social worker, or in any other licensed profession – a conviction for solicitation of juveniles can lead to immediate and often permanent revocation of that license. Licensing boards take such charges extremely seriously due to the inherent trust placed in professionals, especially concerning interaction with vulnerable populations. Beyond formal licensing, your reputation in communities like Cloquet or Bemidji will be irrevocably damaged. The mere accusation, let alone a conviction, can ostracize you from social circles, impact your standing with neighbors, and fundamentally alter how you are perceived by everyone who knows you. This can lead to profound personal and professional isolation, making it incredibly difficult to rebuild your life.
The Accusation: Understanding the State’s Case
When the state levels an accusation of solicitation of juveniles, they are not simply making a claim; they are initiating a formal legal process with severe potential consequences. To mount an effective defense, you must first understand the precise nature of the charges against you and what the prosecution must prove.
What Does the State Allege? Solicitation of Juveniles Explained in Plain English
When the state alleges Solicitation of Juveniles, they are claiming that you, as an adult, tried to get a minor (someone under 18) to commit a crime or a delinquent act, or that you acted as an accomplice to a minor who committed such an act. This means the state believes you either commanded, begged, or attempted to persuade a specific minor to participate in illegal behavior, or you helped them carry out an illegal act. The severity of the charge – whether it’s a misdemeanor, gross misdemeanor, or felony – directly depends on how serious the intended crime was or would have been if the minor had committed it. For instance, if you allegedly tried to get a minor to commit shoplifting (a misdemeanor), your solicitation charge would be a misdemeanor. If you tried to get them to commit something more serious, like assault (a felony), your charge would also be a felony, carrying much harsher penalties here in Duluth or anywhere in St. Louis County.
The Law on the Books: Minnesota Statute 609.494
Minnesota Statute 609.494 addresses the serious offense of soliciting a minor to commit a crime or delinquent act, or acting as their accomplice in such an act. The purpose of this law is to protect juveniles from being exploited or influenced by adults to engage in unlawful behavior. It establishes a clear legal framework to hold adults accountable for involving minors in criminal activity.
609.494 SOLICITATION OF JUVENILES.
Subdivision 1.Crime. A person is guilty of a crime and may be sentenced as provided in subdivision 2 if the person is an adult and solicits or conspires with a minor to commit a crime or delinquent act or is an accomplice to a minor in the commission of a crime or delinquent act.
Subd. 2.Sentence. (a) A person who violates subdivision 1 is guilty of a misdemeanor if the intended criminal act is a misdemeanor or would be a misdemeanor if committed by an adult, and is guilty of a gross misdemeanor if the intended criminal act is a gross misdemeanor or would be a gross misdemeanor if committed by an adult.
(b) A person who violates subdivision 1 is guilty of a felony if the intended criminal act is a felony or would be a felony if committed by an adult, and may be sentenced to imprisonment for not more than one-half the statutory maximum term for the intended criminal act or to payment of a fine of not more than one-half the maximum fine for the intended criminal act, or both.
Subd. 3.Multiple sentences. Notwithstanding section 609.04, a prosecution for or conviction under this section is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
Subd. 4.Consecutive sentences. Notwithstanding any provision of the Sentencing Guidelines, the court may provide that a sentence imposed for a violation of this section shall run consecutively to any sentence imposed for the intended criminal act. A decision by the court to impose consecutive sentences under this subdivision is not a departure from the Sentencing Guidelines.
Subd. 5.Definition. “Solicit” means commanding, entreating, or attempting to persuade a specific person.
History: 1991 c 279 s 31; 1993 c 326 art 4 s 24
The Prosecution’s Burden: Elements of Solicitation of Juveniles
The prosecution carries the formidable burden of proving every single element of the crime beyond a reasonable doubt. This is not a simple task for the state, and if they fail to establish even one of these elements with sufficient evidence, then the case against you must fail. This fundamental principle of justice is the cornerstone of your defense. Your battle starts by identifying these elements and preparing to challenge each one, forcing the state to prove their case, rather than you having to prove your innocence.
- Adult Status of Defendant: The prosecution must definitively prove that you, the accused, were legally an adult at the time the alleged offense occurred. This means establishing that you were 18 years of age or older when the purported solicitation or conspiracy took place. This element seems straightforward but can sometimes involve verifying birth dates or other identity documentation. Without clear proof of your adult status, this specific charge cannot be sustained, regardless of other factors in the case.
- Solicitation, Conspiracy, or Accomplice Act: This is a crucial element requiring the state to prove that you either solicited a minor, conspired with a minor, or acted as an accomplice to a minor. The term “solicit” itself is specifically defined within the statute as “commanding, entreating, or attempting to persuade a specific person.” The prosecution must present evidence demonstrating clear intent and action on your part to involve a specific minor in criminal activity. This often involves examining communications, overt acts, or direct testimony, and can be highly contested.
- Minor Status of the Other Party: It must be proven beyond a reasonable doubt that the individual you allegedly solicited, conspired with, or acted as an accomplice to was, in fact, a minor at the time of the alleged offense. This means establishing that the individual was under 18 years of age. This often involves verifying birth records or other reliable forms of identification. If the prosecution cannot definitively prove the other person’s minor status, a key element of the charge is missing.
- Intent to Commit a Crime or Delinquent Act: The prosecution must prove that the purpose of your alleged solicitation, conspiracy, or accomplice action was for the minor to commit a “crime or delinquent act.” This requires demonstrating your intent for an illegal act to occur. It’s not enough to show mere association or conversation; there must be evidence that you intended for an unlawful act to be carried out by or with the minor. The specific nature of the intended crime also dictates the severity of the solicitation charge itself.
The Potential Outcome: Penalties for a Solicitation of Juveniles Conviction
A conviction for solicitation of juveniles carries severe and escalating penalties depending on the nature of the intended underlying crime. This is not a minor offense; the consequences can fundamentally alter your life, leading to significant imprisonment and crippling financial burdens. Understanding these potential outcomes underscores the critical need for an aggressive and strategic defense.
- Misdemeanor Solicitation of Juveniles:If the intended criminal act was a misdemeanor (or would be a misdemeanor if committed by an adult), a conviction for solicitation of juveniles is classified as a misdemeanor. This can result in a sentence of up to 90 days imprisonment, a fine of up to $1,000, or both. While the least severe category, a misdemeanor conviction still results in a criminal record, which can impact employment and reputation in communities like Two Harbors or Proctor.
- Gross Misdemeanor Solicitation of Juveniles:If the intended criminal act was a gross misdemeanor (or would be a gross misdemeanor if committed by an adult), a conviction for solicitation of juveniles is classified as a gross misdemeanor. This carries a potential sentence of up to one year imprisonment, a fine of up to $3,000, or both. A gross misdemeanor conviction is significantly more severe than a misdemeanor, carrying a greater social stigma and more profound long-term implications for your record and future opportunities in St. Louis County.
- Felony Solicitation of Juveniles:If the intended criminal act was a felony (or would be a felony if committed by an adult), a conviction for solicitation of juveniles is classified as a felony. This is the most serious level and carries a potential sentence of imprisonment for not more than one-half the statutory maximum term for the intended criminal act, or a fine of not more than one-half the maximum fine for the intended criminal act, or both. For example, if the intended felony had a maximum of 10 years, your solicitation charge could carry up to 5 years. This is a severe penalty, resulting in a permanent felony record, potential loss of constitutional rights, and significant barriers to employment and housing, fundamentally altering your life in Duluth or anywhere else in Minnesota.
The Battle Plan: Building Your Strategic Defense
An accusation of soliciting juveniles is a declaration of war by the state against your freedom and future. But remember, an accusation is precisely that—an accusation. It is not a conviction. This is the moment to transition from shock to strategic action. Your defense is not about passively reacting; it’s about launching a proactive, strategic counter-offensive designed to dismantle the state’s case and protect your life.
An Accusation is Not a Conviction: The Fight Starts Now
Being accused of Solicitation of Juveniles can feel like the entire world has already judged you. The weight of the allegations, particularly involving a minor, is immense, and it’s easy to feel as if your life is over before the fight has even begun. But let me be unequivocally clear: an accusation is merely the state’s opening move in a battle they intend to win. It is not a conviction, and it certainly isn’t the end of your fight. This is the critical moment to understand that you have fundamental rights, and the prosecution’s case, no matter how confident they appear, must be rigorously tested, aggressively challenged, and ultimately, if possible, defeated.
Your defense is not a passive exercise; it is a proactive, strategic counter-offensive. Every piece of evidence the state intends to use against you, every statement, every procedure followed by law enforcement, and every assertion in their narrative will be put under the microscope. Was the minor truly a minor? Was there actual intent to solicit a crime? Were your rights violated during the investigation? These aren’t just questions; they are the starting points for meticulously building a robust defense designed to expose weaknesses in the state’s case and protect your future here in Duluth. The burden of proof rests entirely on the prosecution, and if they cannot meet that burden on every single element of the charge, their case against you must fail. This fight starts now, and it starts with an unwavering commitment to your defense.
How a Solicitation of Juveniles Charge Can Be Challenged in Court
A charge of Solicitation of Juveniles, while serious, is not insurmountable. A comprehensive defense strategy involves scrutinizing every aspect of the prosecution’s case and deploying tailored legal challenges. My role is to identify and exploit every weakness in their claims to protect your rights and your future.
Lack of Intent or Knowledge
One of the foundational elements of solicitation is intent. The prosecution must prove that you intended to solicit a minor to commit a crime or delinquent act, or that you knowingly acted as an accomplice. If your actions were misinterpreted or if you genuinely lacked the required criminal intent, this can be a powerful defense.
- Misinterpretation of Communication: What the prosecution views as solicitation might have been a misunderstanding, a joke taken out of context, or a casual conversation that lacked genuine criminal intent. An attorney will analyze all communications to show an innocent interpretation.
- Lack of Knowledge of Minor Status: While often not a full defense, if you genuinely and reasonably believed the individual was an adult, it could impact the “solicitation of juveniles” aspect of the charge. This defense is highly fact-specific and challenging.
- No Intent for a Crime: The conversation or interaction may have occurred, but the intent was not for a crime or delinquent act to take place. Perhaps you were discussing a hypothetical scenario, or offering advice that was misunderstood.
- Mere Presence/Association: Simply being present while a minor commits an act, or associating with minors who engage in questionable behavior, does not equate to solicitation or being an accomplice. The prosecution must prove active involvement or persuasion.
Challenging the Minor’s Testimony or Credibility
In cases involving minors, their testimony often forms a central part of the prosecution’s evidence. Challenging their credibility, consistency, or potential motivations can be a critical defense strategy.
- Inconsistencies in Statements: Any discrepancies between the minor’s initial statements to police, later interviews, and potential courtroom testimony can be highlighted to cast doubt on their overall reliability.
- Influence or Coercion: If there is evidence that the minor’s testimony was influenced by others (e.g., parents, law enforcement, or other parties), or if they were coerced into making statements, their credibility can be severely undermined.
- Motive to Lie or Embellish: Exploring potential motives the minor might have to fabricate or exaggerate their story, such as seeking attention, avoiding their own legal consequences, or being pressured by others, can be a crucial line of defense.
- Developmental Factors: Depending on the minor’s age and developmental stage, their ability to accurately recall and recount events can be scrutinized, especially if they are very young or have cognitive limitations.
Violation of Constitutional Rights
Law enforcement must adhere to strict constitutional guidelines during an investigation. If your rights were violated, any evidence obtained as a result could be suppressed, severely weakening the prosecution’s case.
- Illegal Search and Seizure: If evidence against you (e.g., text messages, recordings, physical items) was obtained without a warrant, probable cause, or your consent, it could be deemed inadmissible in court.
- Miranda Rights Violations: If you were questioned by law enforcement while in custody without being properly informed of your right to remain silent and your right to an attorney, any statements you made could be excluded from evidence.
- Coerced Confessions: If any confession or incriminating statement was obtained through undue pressure, threats, or improper interrogation tactics, it can be challenged as involuntary and inadmissible.
- Right to Counsel Violations: If your right to have an attorney present during questioning was denied or obstructed, it could lead to the suppression of evidence or even the dismissal of charges.
Insufficient Evidence
Beyond specific legal challenges, a fundamental defense is simply arguing that the prosecution has failed to meet its burden of proving every element of the crime beyond a reasonable doubt with the evidence presented.
- Lack of Corroboration: The prosecution’s case might rely heavily on uncorroborated testimony, meaning there’s no independent evidence to back up the minor’s claims. An attorney will highlight this lack of supporting evidence.
- Circumstantial Evidence Only: While circumstantial evidence can be used, if the entire case rests on it and other reasonable interpretations of the evidence exist, an attorney can argue that the state hasn’t eliminated all reasonable doubt.
- Ambiguous Communications: Text messages, social media posts, or other digital communications can often be ambiguous. An attorney can present alternative, innocent interpretations of these communications.
- No “Specific Person” Solicited: The statute defines “solicit” as persuading a “specific person.” If the alleged solicitation was general or hypothetical and not directed at a particular minor, this element may be challenged.
Defense in Action: Scenarios in Northern Minnesota
Legal theories are just words until they are applied in the crucible of a real-world case. In Northern Minnesota, where communities are close-knit and local dynamics play a role, understanding how to apply these defenses strategically is paramount.
Bemidji Scenario: Misunderstood Social Media Post
Mark, a 20-year-old living in Bemidji, posted a series of satirical memes on a private social media group chat, which included his 17-year-old cousin. One meme depicted a cartoon character shoplifting with a humorous caption. Another minor in the group chat, unknown to Mark, showed the post to a school counselor, who reported it as solicitation to commit a crime.
In this scenario, a defense based on Lack of Intent or Knowledge would be paramount, specifically Misinterpretation of Communication and No Intent for a Crime. Mark’s attorney would argue that the social media posts were satirical, not a genuine attempt to “command, entreat, or persuade” his cousin or any other minor to commit shoplifting. The defense would present evidence of the group chat’s private nature and the context of the memes as humor, not a serious directive. The attorney would emphasize that there was no overt act or follow-up conversation from Mark indicating an actual intent for a crime to occur, merely a misinterpreted online joke within a specific social context in Bemidji.
Cloquet Scenario: Coerced Testimony
Sarah, a 19-year-old in Cloquet, was accused of soliciting her 16-year-old neighbor to vandalize a rival’s property after a dispute. The neighbor initially told police that Sarah “suggested” it but later, after intense pressure from their parents who feared the minor would face serious charges, changed their story to say Sarah “ordered” them to do it.
Here, the defense would focus heavily on Challenging the Minor’s Testimony or Credibility, particularly Influence or Coercion and Inconsistencies in Statements. Sarah’s attorney would meticulously document the discrepancies between the minor’s initial statement and their later, more incriminating version. They would present evidence of the parents’ involvement and pressure, arguing that the minor’s testimony was not freely given but was a product of coercion aimed at shifting blame. The defense would highlight the inconsistencies to cast significant doubt on the reliability of the prosecution’s key witness in the Cloquet court.
Two Harbors Scenario: Illegal Search of Phone
Michael, a 22-year-old from Two Harbors, was implicated in a solicitation of juveniles case after police searched his phone without a warrant. They found text messages between him and a 17-year-old discussing an “adventure” that police interpreted as a plan to commit trespassing. The phone was seized during a traffic stop for a minor infraction, with no probable cause related to the solicitation.
This case would demand a strong Violation of Constitutional Rights defense, specifically focusing on Illegal Search and Seizure. Michael’s attorney would file a motion to suppress the evidence found on his phone. The argument would be that the police had no lawful basis to search his phone during a routine traffic stop without a warrant or exigent circumstances related to the solicitation charge. If the court agrees and suppresses the evidence, the prosecution’s case would be severely weakened, potentially leading to dismissal of the solicitation of juveniles charge, as the core evidence was illegally obtained in Two Harbors.
Proctor Scenario: Mistaken Identity in a Group Chat
Emily, a 21-year-old college student in Proctor, was part of a large online gaming group chat. Another member, using a similar screen name but living in a different state, initiated a conversation with a 15-year-old participant about committing a minor online fraud. Police, tracing the screen name, mistakenly identified Emily as the adult who solicited the minor.
The defense here would center on Insufficient Evidence and Lack of Intent or Knowledge, particularly Incorrect Identity (though not explicitly listed, it falls under the broader scope of challenging proof of defendant’s actions) and Ambiguous Communications. Emily’s attorney would provide evidence of her distinct identity and location, showing that the other online participant was a separate individual. They would also present the full context of the gaming chat, demonstrating that any alleged “solicitation” came from a different user and that Emily had no knowledge of, or intent to participate in, any illegal activity. The defense would force the prosecution to prove definitively that it was Emily, the adult in Proctor, who engaged in the alleged solicitation, not a case of mistaken online identity.
The Advocate: Why a Dedicated Duluth Defense Attorney is Essential
When facing an accusation as devastating as solicitation of juveniles, your future, your freedom, and your very identity are on the line. This is not a situation where you can afford to stand alone. You need a tireless, determined advocate by your side, someone who understands the profound stakes and is prepared to fight with every fiber of their being for your defense.
Countering the Resources of the State
The state, with its virtually limitless resources, formidable investigative agencies, and dedicated prosecutors, is a powerful adversary. They have access to forensic labs, seasoned detectives, and an army of legal professionals whose sole objective is to secure convictions. Against this overwhelming machinery, an individual stands little chance alone. A dedicated defense attorney serves as your essential counterweight, matching the state’s power with strategic legal acumen. They will meticulously examine every piece of evidence, challenge every procedural misstep, and expose every weakness in the prosecution’s narrative. This is about leveling the playing field, ensuring that you receive a fair fight against an opponent determined to win, regardless of the truth.
Strategic Command of the St. Louis County Courts
Navigating the criminal justice system, particularly in the specific context of St. Louis County, requires more than just a theoretical understanding of the law. It demands an intimate, practical knowledge of the local courts, the individual judges, and the prosecuting attorneys. Each courtroom, each office, has its own unique procedures, its own unwritten rules, and its own tendencies that can significantly impact the outcome of your case. A dedicated Duluth defense attorney brings years of direct, hands-on experience in these very courtrooms. They understand the nuances of local legal practice, allowing them to anticipate challenges, craft tailored arguments, and negotiate from a position of informed strength. This strategic command of the local legal landscape is invaluable, providing you with a critical advantage as your case progresses through the St. Louis County system.
Fighting for Your Story, Not Just the Police Report
When a solicitation of juveniles accusation is made, the narrative typically begins and ends with the police report. This document, written from law enforcement’s perspective, is often incomplete, biased, and fails to capture the full truth or the human context of your situation. It’s a sterile, official version of events that can paint a devastatingly inaccurate picture. A dedicated defense attorney understands that your case is more than just a police report; it is your story. They will tirelessly investigate every angle, uncover every mitigating circumstance, interview every potential witness, and meticulously piece together a comprehensive and truthful account of what actually happened. This is about ensuring your voice is heard, your intentions understood, and that the court sees beyond the state’s narrow, often prejudiced, version of events.
An Unwavering Commitment to a Winning Result
For anyone accused of soliciting juveniles, the stakes are immeasurable. Your freedom, your reputation in communities like Cloquet or Bemidji, and your very future hang in the balance. For the state, it’s another case file; for you, it’s everything. This profound difference in perspective underscores the absolute necessity of an unwavering commitment from your defense attorney. A dedicated defense attorney is singularly focused on achieving the best possible outcome for you. This isn’t about simply processing a case; it’s about a relentless pursuit of justice, whether that means securing a complete dismissal, negotiating a significantly reduced charge, or fiercely defending your innocence at trial. It means being available, responsive, and prioritizing your needs throughout the entire, challenging process, providing the steadfast support and aggressive advocacy you desperately need.
Your Questions Answered
What is solicitation of juveniles in Minnesota?
Solicitation of juveniles in Minnesota involves an adult attempting to persuade, command, or conspire with a minor to commit a crime or delinquent act, or acting as an accomplice to a minor committing such an act. The severity of the charge depends on the nature of the intended underlying crime.
What is the definition of “solicit” under this law?
Under Minnesota Statute 609.494, “solicit” is defined as commanding, entreating, or attempting to persuade a specific person. It requires an active effort to induce the minor into the criminal or delinquent act.
Is the age of the minor important in a solicitation case?
Yes, the age of the minor is crucial. The law specifically applies when the person solicited, conspired with, or aided is legally a minor, meaning under 18 years of age. This must be proven by the prosecution.
Can I be charged with solicitation even if the minor didn’t commit the crime?
Yes, you can be charged with solicitation even if the minor did not ultimately commit the intended crime or delinquent act. The charge focuses on the adult’s actions of attempting to induce or conspire, not necessarily the successful completion of the underlying offense.
What are the penalties for solicitation of juveniles?
Penalties vary significantly based on the intended underlying crime. It can range from a misdemeanor (up to 90 days jail, $1,000 fine) if the intended crime was a misdemeanor, to a gross misdemeanor (up to 1 year jail, $3,000 fine) for a gross misdemeanor, or a felony (up to half the maximum term/fine of the intended felony) for an intended felony.
Can I face multiple charges for the same conduct?
Yes, Minnesota Statute 609.494 Subd. 3 explicitly states that a prosecution or conviction under this section does not bar conviction or punishment for any other crime committed by the defendant as part of the same conduct. This means you could be charged with both solicitation and the underlying crime if you participated.
Can sentences for solicitation run consecutively to other sentences?
Yes, Minnesota Statute 609.494 Subd. 4 allows the court to impose a sentence for solicitation of juveniles consecutively to any sentence imposed for the intended criminal act, even if the Sentencing Guidelines would typically suggest concurrent sentences. This is not considered a departure from the Guidelines.
Does this charge carry sex offender registration requirements?
A conviction for solicitation of juveniles, depending on the nature of the underlying intended crime, may indeed trigger sex offender registration requirements. If the underlying offense involves a sexual crime, registration is highly likely.
How does this affect my job, especially if I work with children?
A conviction for solicitation of juveniles will almost certainly jeopardize or terminate any employment involving children, or any position requiring a high degree of trust. Many professional licenses will also be at risk, as highlighted earlier.
What if I thought the minor was actually an adult?
This can be a complex defense. While not always a full defense, if you can genuinely prove that you reasonably believed the individual was an adult, it could influence the specific “solicitation of juveniles” aspect of the charge. However, intent for the underlying crime would still be at issue.
Can an attorney challenge the minor’s testimony?
Absolutely. A key part of the defense often involves challenging the credibility, consistency, and motivations of the minor’s testimony, especially if there are signs of coercion, influence, or inconsistencies in their statements.
What if my constitutional rights were violated during the investigation?
If your constitutional rights were violated (e.g., illegal search, Miranda violations, coerced confession), your attorney can file motions to suppress the illegally obtained evidence. If successful, this can severely weaken the prosecution’s case or even lead to dismissal of the charges.
What kind of evidence does the prosecution typically use in these cases?
The prosecution may use various types of evidence, including text messages, social media posts, recorded conversations, witness testimony (from the minor or others), surveillance footage, and any physical evidence related to the intended crime.
How quickly should I contact a defense attorney in Duluth?
You should contact a criminal defense attorney immediately upon learning of an investigation or accusation. Early intervention can be critical, allowing your attorney to protect your rights, gather evidence, and begin building a defense before the prosecution’s case is fully formed.
Can this charge be expunged from my record?
Expungement eligibility for solicitation of juveniles depends heavily on the specific classification of the conviction (misdemeanor, gross misdemeanor, or felony) and the nature of the underlying intended crime. Felony convictions are generally much more difficult to expunge. An attorney can assess your specific situation.