Fighting a Prostitution Charge in Duluth with a Dedicated Defense Attorney
The moment you see the flashing lights in your rearview mirror or hear the heavy knock on your door, your world stops. A moment ago, you were driving through Duluth, thinking about work, family, or the biting cold coming off Lake Superior. Now, you are face-to-face with a police officer, and the words they are saying—accusations of solicitation or promoting prostitution—don’t seem real. It’s a disorienting, terrifying experience. Suddenly, your entire life feels fragile. Your reputation, painstakingly built over years in a close-knit community like Proctor or Cloquet, feels like it could shatter. You think of your job, your professional license, your standing among neighbors and colleagues, and the questions your family will have. In this moment of crisis, it’s easy to feel isolated and powerless, as if the full weight of the St. Louis County prosecutor’s office is crashing down on you alone.
This is the moment the fight begins. An accusation is not a verdict. It is merely the opening move by the state, a narrative they have constructed based on a limited and often biased set of alleged facts. They do not know your story, your intentions, or the context of your actions. My role is not to judge, but to stand with you and fight back. It is to dismantle the state’s case, piece by piece, and to build a strategic defense that protects your future. From the quiet streets of Two Harbors to the larger hub of Bemidji, I have seen how these charges can turn a good person’s life into a nightmare. The fear and uncertainty you feel right now are valid, but they must be channeled into action. You are not a criminal; you are a person accused of a crime, and you have the right to a powerful, unwavering defense.
The Stakes: What a Conviction Truly Costs
A conviction for a prostitution-related offense under Minnesota law is far more than a fine or a short period of jail time. It is a permanent mark that follows you for the rest of your life, creating obstacles you may not foresee in the immediate aftermath of the charge. Understanding these long-term consequences is critical to understanding why fighting the charge is not just an option, but a necessity.
Your Permanent Criminal Record
A conviction will result in a permanent criminal record that is publicly accessible. This isn’t a minor traffic ticket that fades with time. It is a brand that can be discovered by anyone who runs a background check—potential employers, landlords, loan officers, and even volunteer organizations. In a place like Duluth or the smaller towns in St. Louis County, where reputation matters immensely, a public record for this type of offense can lead to social ostracism and judgment that affects not just you, but your entire family. Every job application, every apartment rental form, every interaction that requires a background check becomes a source of anxiety and potential rejection.
Loss of Second Amendment Rights
Depending on the severity of the charge, a conviction could be classified as a felony. In Minnesota, a felony conviction results in the automatic and permanent loss of your right to own, possess, or use a firearm. For many residents of Northern Minnesota, this is not an abstract political issue; it is a fundamental part of their way of life, essential for hunting, sport, and personal protection. Losing this right because of a prostitution-related conviction is a severe and often overlooked consequence that fundamentally changes your legal standing as a citizen.
Barriers to Employment and Housing
The stigma associated with a prostitution-related offense can be devastating to your professional life. Many employers are hesitant to hire individuals with such a conviction, fearing liability or damage to their company’s reputation. It can make finding a new job—or keeping your current one—incredibly difficult. The same applies to housing. Landlords often run background checks and may deny your rental application based on a criminal record, leaving you with limited and undesirable housing options. This single event can create a cycle of instability that affects your ability to provide for yourself and your family.
Impact on Professional Licenses and Reputation
For professionals such as doctors, nurses, teachers, lawyers, and commercial drivers, a conviction can trigger a review by your licensing board. This could lead to suspension or even permanent revocation of the license you worked so hard to obtain. The damage to your professional reputation can be irreparable. Even if your license isn’t revoked, the charge itself can become known among colleagues and clients in communities like Bemidji or Cloquet, eroding the trust that is the foundation of your career. This is not just a legal problem; it is an attack on your livelihood and professional identity.
The Accusation: Understanding the State’s Case
When you are charged with a crime, the prosecution’s case can feel like an insurmountable wall of evidence and legal jargon. My first job is to break down that wall and show you exactly what the state is claiming. By demystifying their allegations, we can begin to identify the weaknesses and build our defense.
What Does the State Allege? Solicitation Explained in Plain English
In most cases, a charge under Minnesota Statute 609.322 involves an allegation of solicitation. In simple terms, the state is accusing you of offering, agreeing to, or actually paying money to another person in exchange for a sexual act. These situations often arise from undercover “sting” operations where a law enforcement officer poses as a person offering sex for a fee online or on the street. The officer’s goal is to get you to make a clear offer. They will record conversations, save text messages, and document every interaction to build their case that you had the intent to engage in a commercial sexual transaction.
The other side of this statute involves promoting prostitution, which is a much more serious allegation. Here, the state isn’t just saying you were a potential customer; they are claiming you were profiting from or managing the prostitution of another person. This could involve allegations of recruiting individuals, transporting them, or managing the financial aspects of their activities. These are felony-level offenses that carry severe penalties. Whether the charge is for solicitation or promotion, the core of the state’s case rests on proving your specific intent, an element that is often more difficult for them to establish than they let on.
The Law on the Books: Minnesota Statute 609.322
The legal foundation for the state’s case is the statute itself. Understanding the precise language is the first step in challenging it. The primary law governing these offenses is Minnesota Statute 609.322. It is a lengthy and complex statute that outlines various degrees of the crime. Here is the text of the law:
609.322 SOLICITATION, INDUCEMENT, AND PROMOTION OF PROSTITUTION; SEX TRAFFICKING.
Subdivision 1.Promoting prostitution.
(a) Whoever, acting other than as a prostitute or patron, intentionally does any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution; or
(2) promotes the prostitution of an individual under the age of 18 years.
(b) Whoever, acting other than as a prostitute or patron, intentionally does any of the following may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:
(1) solicits or induces an individual to practice prostitution; or
(2) promotes the prostitution of an individual.
Subd. 1a.Solicitation of prostitution.
Whoever solicits or accepts a solicitation to patronize a prostitute is guilty of a gross misdemeanor.
Subd. 2.Patronizing a prostitute.
Whoever intentionally does any of the following may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both:
(1) patronizes a prostitute;
(2) hires a prostitute to be at a place where prostitution is practiced or encouraged; or
(3) is an inmate of a house of prostitution or other place where prostitution is practiced or encouraged.
Subd. 3.Defenses.
It shall be no defense to a prosecution under this section that a person was not a prostitute, that there was no monetary or other consideration, or that the person solicited was a law enforcement officer. Consent is not a defense to a violation of subdivision 1.
It is also important to note a key evidentiary rule related to these cases. Under Minnesota Statute 609.326, the state has an unusual advantage. The law states: “The marital privilege provided for in section 595.02 shall not apply in any proceeding under section 609.322.” This means that in a prostitution-related case, your spouse can be forced to testify against you. This is a critical factor that must be considered when building a defense strategy.
The Prosecution’s Burden: Elements of Solicitation
For the state to secure a conviction, the prosecutor must prove every single element of the charged offense beyond a reasonable doubt. If they fail to prove even one element, their case falls apart. This is not a matter of proving you are a bad person; it is a technical, legal requirement, and it is where my work begins. For a typical solicitation charge, the state must prove several key elements.
- Identification: The state must prove that you are the person who committed the alleged act. In cases involving online chats or text messages, this can be more challenging than it sounds. Simply tracing an IP address or phone number to your residence in Duluth is not enough. The prosecutor must prove that it was you, and not someone else with access to your phone or computer, who sent the messages.
- Intent: This is often the most critical and contestable element. The prosecution must prove that you had the specific intent to pay for or receive a sexual act in exchange for money. Ambiguous language, joking, or conversations that don’t result in a clear agreement can create significant reasonable doubt. Your words and actions will be scrutinized, but their meaning is not always as clear as the police report suggests.
- An Act of Solicitation: The state must prove you took a concrete step to solicit or patronize a prostitute. This means more than just having a vague conversation. They need to show that you made an offer, accepted an offer, or arrived at a pre-arranged location in a place like Two Harbors or Proctor with the clear purpose of engaging in the transaction. If the act is not clearly connected to the intent, the chain of proof is broken.
The Potential Outcome: Penalties for a Solicitation Conviction
The state will present the potential penalties in the most intimidating way possible to pressure you into a quick plea deal. It is essential to understand what you are truly facing without the filter of prosecutorial pressure. The penalties for a conviction under 609.322 vary significantly depending on the specific subsection you are charged under.
Misdemeanor and Gross Misdemeanor Penalties
For a first-time offense of patronizing a prostitute, the charge is often a misdemeanor, carrying a maximum of 90 days in jail and a $1,000 fine. However, soliciting a prostitute is a gross misdemeanor, which elevates the potential penalties to up to one year in jail and a $3,000 fine. These charges are the most common ones resulting from undercover sting operations in places like St. Louis County.
Felony Penalties
If the state alleges you were promoting the prostitution of an adult, the penalties increase dramatically. This is a felony offense carrying a potential sentence of up to 15 years in prison and a fine of up to $30,000. If the person involved was a minor (under 18), the severity escalates even further, with a potential sentence of up to 20 years in prison and a fine of up to $40,000. These are life-altering consequences that demand the most aggressive defense possible.
The Battle Plan: Building Your Strategic Defense
The moment you are charged is not the end; it is the beginning of a strategic fight. The state has its story, but it’s just one version of events. Now, we build ours, backed by facts, legal precedent, and a relentless commitment to challenging the prosecution at every turn.
An Accusation is Not a Conviction: The Fight Starts Now
The police report and the criminal complaint are not objective truths. They are one-sided narratives written to support the charge. They are filled with assumptions, interpretations, and sometimes, outright mistakes. My job is to deconstruct that narrative. I will obtain all the evidence the state has against you—every text message, every audio or video recording, every police note, and every witness statement. I will scrutinize this evidence for inconsistencies, procedural errors, and violations of your constitutional rights. This is not a passive process; it is an active counter-investigation designed to uncover the weaknesses in the prosecutor’s case.
From my office in Duluth, I prepare every case as if it is going to trial. This posture of strength and readiness sends a clear message to the prosecutor: we will not be intimidated into an unfavorable plea. We will challenge the legality of the stop, the credibility of the undercover officer, and the interpretation of your words. We will file motions to suppress illegally obtained evidence and expose the holes in their logic. This proactive and aggressive approach often leads to better outcomes, whether it’s a dismissal of the charges, a reduction to a less serious offense, or a not-guilty verdict at trial. Your fear and anxiety are real, but our preparation and strategy are the antidotes.
How a Solicitation Charge Can Be Challenged in Court
There are numerous ways to defend against a solicitation or prostitution charge. The right strategy depends on the specific facts of your case, but the goal is always the same: to create reasonable doubt. Here are some of the key defense avenues we can explore.
Challenging the Undercover Sting Operation
Police sting operations are designed to create crimes, not just discover them. This can lead to issues of entrapment and other forms of police misconduct that can be challenged in court.
- Entrapment: This defense argues that you were not predisposed to commit the crime and were improperly induced or persuaded to do so by law enforcement. We would analyze the officer’s conduct to show they went beyond simply providing an opportunity and actively encouraged or pressured you into making an incriminating statement.
- Outrageous Government Conduct: In rare cases, the behavior of law enforcement is so egregious that it violates due process. We would investigate whether the tactics used in the sting operation were so shocking and unfair that the court should dismiss the charges on constitutional grounds.
Attacking the Element of Intent
The state must prove, beyond a reasonable doubt, that you had the specific intent to exchange money for a sex act. This is a subjective element and often the weakest point in the prosecution’s case.
- Ambiguous Communication: I will meticulously review every text message, email, or recorded conversation. Often, the language used is vague, flirtatious, or open to multiple interpretations. I will argue that your words did not constitute a clear, unequivocal agreement to engage in prostitution.
- Withdrawal or Renunciation: If you demonstrated an intent to back out of the alleged agreement before any significant action was taken, this can be a powerful defense. Evidence that you changed your mind, tried to end the conversation, or never showed up to the meeting location can negate the element of intent.
Arguing Lack of a Clear Agreement
A charge of solicitation requires proof of a “meeting of the minds” to enter into a commercial sexual transaction. If the terms of the alleged agreement were never finalized, the state may not be able to prove its case.
- No Agreement on Price: If there was no clear discussion or agreement on the amount of money to be exchanged for a specific act, I can argue that no contract, legal or illegal, was ever formed. A vague conversation is not a criminal conspiracy.
- No Agreement on Act: Similarly, if the specific sexual act to be performed was not defined or agreed upon, it undermines the state’s claim that a concrete illegal transaction was solicited. The prosecutor cannot fill in these gaps with assumptions.
Constitutional and Procedural Violations
Your constitutional rights are not suspended just because you are the target of an investigation. Any violation of these rights by law enforcement can lead to the suppression of evidence, which can cripple the state’s case.
- Illegal Search and Seizure: If the police searched your phone, car, or person without a valid warrant or probable cause, any evidence found as a result of that illegal search can be thrown out of court. This is a frequent issue in cases that begin with a traffic stop in places like Proctor or along the highways leading to Bemidji.
- Miranda Rights Violations: If you were in custody and interrogated without being read your Miranda rights, any statements you made during that interrogation are inadmissible. I will carefully examine the circumstances of your interaction with the police to ensure your rights were protected.
Defense in Action: Scenarios in Northern Minnesota
Legal theories are important, but seeing how they apply in real-world situations can help you understand the path forward.
The Ambiguous Online Chat in Bemidji
A man in Bemidji engages in a late-night conversation on a dating app. The other person, an undercover officer, steers the conversation in a sexual direction. The man’s replies are vague and non-committal, more fantasy than plan. He never discusses specific acts or money, but the officer persists. Eventually, the officer suggests meeting up, and the man agrees but never shows up. He is later charged with solicitation.
In this scenario, the defense would focus intensely on the lack of intent and agreement. We would argue that the conversation was nothing more than online chatter and that the man never formed the specific intent to pay for sex. His failure to show up at the meeting location would be presented as strong evidence that he had no real intention of following through, effectively withdrawing from whatever the officer was trying to create.
The Traffic Stop in Cloquet
A man is pulled over for a minor traffic violation on his way home to Cloquet. The officer becomes suspicious and asks to search the man’s phone, who, feeling intimidated, agrees. The officer finds text messages that he interprets as setting up a meeting for prostitution. The man is arrested and charged.
The core of this defense would be a motion to suppress the evidence from the phone. We would argue that the consent to search was not freely and voluntarily given due to the coercive nature of the traffic stop. Furthermore, we would challenge whether the officer had a legal basis to extend the stop beyond the initial traffic violation in the first place. If the search is deemed illegal, the text messages are suppressed, and the state’s case likely collapses.
The Misunderstood Situation in Two Harbors
A tourist visiting Two Harbors strikes up a conversation with a woman at a local bar. He buys her a few drinks and, at the end of the night, offers her money for a cab ride home. The woman, an undercover officer, interprets this as a payment for sex and arrests him.
This defense would center on the complete lack of criminal intent. The man’s actions were innocent and misconstrued by an officer predetermined to find a crime. We would highlight the lack of any sexual discussion, the public setting, and the reasonable explanation for offering cab fare. This is a classic case of an officer’s subjective bias leading to a wrongful arrest, and we would fight to expose the truth.
The Entrapment in a Duluth Hotel
An undercover officer, posing as a prostitute in an online ad, aggressively messages a Duluth man. The man initially ignores the messages, but the officer is persistent, sending multiple messages, lowering the “price,” and creating a sense of urgency. The man, out of a moment of poor judgment, finally agrees and is arrested when he arrives at the designated hotel.
Here, the defense of entrapment is a strong possibility. We would argue that the man was not predisposed to commit this crime and only did so because of the officer’s persistent and improper inducement. The repeated, unsolicited messages and pressure tactics go beyond simply providing an opportunity and cross the line into manufacturing a crime where none would have otherwise existed.
The Advocate: Why a Dedicated Duluth Defense Attorney is Essential
Facing the power and resources of the government is not something you should ever do alone. The prosecutor has the police department, investigators, and the full backing of the state. You need an advocate who can level the playing field.
Countering the Resources of the State
The St. Louis County Attorney’s Office has a singular focus: securing convictions. They are not interested in your side of the story, the context of your actions, or the devastating impact a conviction will have on your life. My role is to be the counter-force to their institutional power. I conduct my own investigation, I hire my own experts when necessary, and I use my deep knowledge of the law to find the flaws in their case. I am not a public defender juggling an impossible caseload; I am a private attorney who dedicates my full attention and resources to a select number of clients. This allows me to build the comprehensive, detailed, and aggressive defense that your case deserves. I am your resource, your shield, and your weapon against the state’s accusations.
Strategic Command of the St. Louis County Courts
Knowing the law is only half the battle. Knowing the legal landscape—the judges, the prosecutors, the local court procedures—is just as critical. I practice in the courts of Duluth and St. Louis County every single day. I know the tendencies of the prosecutors and the legal reasoning that resonates with the local judges. This insider’s knowledge is a strategic advantage that cannot be found in a book. It allows me to anticipate the prosecution’s moves, craft arguments that are most likely to succeed in a specific courtroom, and negotiate from a position of strength. This is your home field, and you need an attorney who commands it.
Fighting for Your Story, Not Just the Police Report
To the prosecutor, you are a case number and a set of alleged facts in a police report. To me, you are a human being in crisis. My commitment is to ensure the court sees you as a person, not a caricature. I will take the time to understand you, your life, and the circumstances that led to this moment. We will work together to present your story in the most compelling and humanizing way possible. Whether it’s negotiating with the prosecutor for a more favorable outcome or presenting your case to a jury, my goal is to make them see beyond the black-and-white allegations and understand the full context. This is often the difference between a harsh judgment and a just result.
An Unwavering Commitment to a Winning Result
From the moment you hire me, my focus is on one thing: achieving the best possible outcome for you. For me, a “win” isn’t always a not-guilty verdict at trial, though I am always prepared for that fight. A win can be getting the charges dismissed before they are ever formally filed. It can be negotiating a reduction to a non-criminal offense that protects your record and your future. It can be securing a sentence that involves no jail time and allows you to move on with your life. My commitment is to fight relentlessly for the result that best serves your long-term interests. I will be direct, honest, and tireless in my pursuit of that goal.
Your Questions Answered
What should I do if I’m arrested for solicitation?
Do not speak to the police. Do not try to explain your side of the story. Politely and firmly invoke your right to remain silent and your right to an attorney. Anything you say can and will be used to build a case against you. Contact a criminal defense attorney immediately.
The police were so nice and just wanted to talk. Did I have to answer their questions?
No. Police officers are trained to be disarming to gather information. You are never obligated to answer questions during a police investigation. Being polite is fine, but you should never provide information or consent to searches without an attorney present to advise you.
What is the difference between solicitation and patronizing?
Solicitation, under Minnesota law, is the act of asking or offering to engage in prostitution and is a gross misdemeanor. Patronizing is the act of actually engaging in or being in a place of prostitution, which is typically a misdemeanor for a first offense. The distinction is subtle but important for penalty purposes.
Can they really use my text messages against me?
Yes, text messages are powerful evidence for the prosecution. However, they are not unbeatable. An experienced attorney can challenge their admissibility if they were obtained illegally, or argue that their meaning is ambiguous and does not prove criminal intent beyond a reasonable doubt.
What is entrapment? Is it a good defense for me?
Entrapment occurs when police induce you to commit a crime you otherwise would not have committed. It is a valid but difficult defense to prove. It requires showing that you were not predisposed to the crime and that the police conduct was overly persuasive or coercive.
I was just in the wrong place at the wrong time. Can I still be convicted?
Mere presence at a location where illegal activity is occurring is not enough for a conviction. The state must prove you had the specific intent to participate in or solicit prostitution. Fighting to prove you were an innocent bystander is a key defense strategy.
Will my name be in the paper?
An arrest is a matter of public record, and local news outlets in areas like Duluth or Bemidji sometimes publish arrest information. However, an arrest is not a conviction. The best way to mitigate long-term public damage is to fight the charge aggressively to achieve a dismissal or acquittal.
How can I protect my professional license?
The most important step is to hire a defense attorney immediately. A conviction can trigger a review by your licensing board. An attorney can not only fight the criminal charge but also advise you on how to navigate the administrative process with your licensing board to protect your career.
Can a solicitation charge affect my immigration status?
Yes, absolutely. A conviction for a prostitution-related offense can be considered a “crime involving moral turpitude,” which can have severe immigration consequences, including deportation, even if you are a legal permanent resident. It is critical to have an attorney who understands these stakes.
The officer lied in the police report. What can we do?
Exposing falsehoods or inconsistencies in the police report is a cornerstone of a strong defense. Through cross-examination at hearings and at trial, a skilled attorney can challenge the officer’s credibility and show the jury or judge that the official report is not the truth.
What is a “continuance for dismissal”?
A continuance for dismissal (CFD) is a potential negotiated outcome where you agree to certain conditions (like remaining law-abiding for a year). If you successfully complete the conditions, the charge is dismissed and does not result in a conviction. This is often a primary goal in defending these cases.
Should I accept the prosecutor’s first plea offer?
Almost never. The first offer is typically a starting point for negotiations and is rarely the best deal you can get. An experienced defense attorney can assess the strengths and weaknesses of the case and negotiate for a much better outcome or advise you to reject the offer and proceed to trial.
How much does a good defense attorney cost?
The cost of legal representation varies, but it should be seen as an investment in your future. A conviction will cost you far more in the long run through lost job opportunities, housing issues, and damage to your reputation. I offer clear, upfront fee structures so you know exactly what to expect.
My spouse knows what happened. Can they be forced to testify?
In most criminal cases, a spouse can’t be forced to testify against the other. However, Minnesota law makes a specific exception for prostitution cases under 609.322. Minnesota Statute 609.326 explicitly removes the marital privilege, meaning your spouse can be compelled to testify against you.
I feel hopeless. Can I really win this fight?
Yes. An accusation is not a conviction. The state’s case is often not as strong as it appears. With a strategic, aggressive, and dedicated defense attorney fighting for you, there is always hope. The feeling of hopelessness is what the system counts on; fighting back is how you overcome it.