A computer solicitation charge can upend your entire life in a matter of hours. Law enforcement agencies across Martin County, St. Lucie County, and the Treasure Coast actively pursue these cases. Therefore, acting quickly is critical when charges arise in Stuart, FL.
These charges carry serious consequences, including potential prison time, sex offender registration, and lasting damage to your reputation. However, being charged does not mean you are guilty. Moreover, a skilled defense attorney can make a significant difference in the outcome of your case.
At Jonathan Jay Kirschner, Esq., & Associates, LLC, our criminal defense team has more than 30 years of experience defending clients facing internet-related charges. We are available 24 hours a day, seven days a week, to help you protect your freedom and your future.
What Is Computer Solicitation Under Florida Law?
Florida law prohibits using a computer, smartphone, or other electronic device to solicit a minor for sexual conduct. Prosecutors in Stuart and throughout Martin County take these charges extremely seriously. Because of this, the penalties upon conviction can be severe and life-altering.
Computer solicitation charges typically arise from online communications, text messages, or social media activity. Law enforcement often conducts undercover sting operations to make these arrests. As a result, many people charged are caught in situations that may not be as straightforward as prosecutors claim.
How Florida Defines the Offense
Florida Statute § 847.0135 governs computer solicitation offenses. The law targets individuals who use electronic means to solicit, lure, or entice a minor. Additionally, it covers attempts to solicit — meaning charges can arise even without a completed act.
Prosecutors do not need to prove that a real minor was involved in every case. For example, an undercover officer posing as a minor can still support a charge. Therefore, understanding the specific facts and evidence in your case is essential from day one.
Penalties for Computer Solicitation in Florida
A conviction for computer solicitation is typically a third-degree felony in Florida. However, aggravating factors can elevate charges to a second-degree felony. In addition, a conviction may require mandatory sex offender registration.
Other potential consequences include:
- Significant prison time
- Heavy fines and court costs
- Loss of professional licenses
- Restrictions on internet use and residency
- Long-term damage to employment and family relationships
Why You Need a Defense Attorney Immediately
Time is one of the most important factors in a computer solicitation case. Law enforcement often begins building their case long before an arrest is made. Therefore, the sooner you retain an attorney, the better positioned your defense will be.
An experienced attorney can begin reviewing the evidence right away. Furthermore, your lawyer can identify weaknesses in the state’s case before prosecutors have a chance to shore them up. Acting early gives your defense team the best possible opportunity to protect your rights.
At Jonathan Jay Kirschner, Esq., & Associates, we understand how frightening this situation feels. We are here to guide you through every step of the legal process with skill, compassion, and dedication. Contact JKJ today to speak with a defense attorney who is ready to fight for you.
Common Defense Strategies in Computer Solicitation Cases
A strong defense begins with a thorough review of the facts. Every case is different, and the best strategy depends on the specific circumstances involved. However, several common defenses apply in computer solicitation cases across Stuart and the surrounding area.
Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they would not otherwise have committed. Undercover sting operations are common in computer solicitation cases. Therefore, entrapment is one of the first defenses our attorneys explore.
Florida law recognizes both objective and subjective entrapment defenses. Your attorney will carefully review all communications between you and law enforcement. As a result, we can determine whether officers went beyond simply providing an opportunity and instead pressured you into criminal conduct.
Lack of Intent
Prosecutors must prove that you intended to solicit a minor for sexual conduct. In many cases, the evidence of intent is far weaker than it first appears. Additionally, communications taken out of context can look very different when examined carefully.
Our attorneys work to present the full picture of the communications involved. We challenge interpretations that distort the meaning of messages or conversations. Furthermore, we work with investigators and experts to build a compelling case on your behalf.
Unlawfully Obtained Evidence
Law enforcement must follow strict legal procedures when gathering evidence. If officers violated your constitutional rights during an investigation, that evidence may be suppressible. Because of this, we carefully review how investigators collected all digital evidence in your case.
We can file motions to suppress evidence obtained through illegal searches or improper surveillance. Suppressing key evidence can significantly weaken the prosecution’s case. In some situations, it may even lead to a dismissal of the charges entirely.
Identity and Attribution Issues
Digital evidence can be complex and difficult to accurately attribute to a specific person. Someone else may have used your device, account, or IP address without your knowledge. Therefore, our team examines all technical evidence carefully to challenge the state’s attribution of online activity to you.
Serving Stuart, Fort Pierce, Port St. Lucie, and the Treasure Coast
Our firm is based in Fort Pierce and proudly serves clients throughout the Treasure Coast region. We regularly represent individuals in Stuart, Jensen Beach, Port St. Lucie, and Vero Beach who are facing serious criminal charges. Additionally, we handle cases in both Martin County and St. Lucie County courts.
We understand the local legal landscape, including the procedures and practices of prosecutors and judges in this area. This local knowledge is a meaningful advantage when building your defense. Moreover, our familiarity with the courts allows us to anticipate how the state is likely to approach your case.
Whether you were arrested in downtown Stuart, along the waterfront in Jensen Beach, or anywhere else in the region, our team is ready to help. We are available around the clock because we know that criminal charges do not wait for convenient times.
What to Expect When You Work With JKJ
When you first contact our firm, we will schedule a consultation to review the details of your case. We take the time to fully explain the charges you are facing and the potential penalties involved. Furthermore, we make sure you understand your options before making any decisions.
Our attorneys conduct a thorough review of all evidence in your case. We identify the strongest defense strategies available and explain the pros and cons of each approach. Then, we get to work building the most effective defense possible for your situation.
Throughout your case, we maintain open and honest communication with you. We believe you deserve to know what is happening at every stage of the process. Additionally, we fight tirelessly on your behalf, whether that means negotiating a favorable resolution or taking your case to trial.
No matter how serious the charges appear, everyone deserves the strongest possible defense. We are committed to protecting your rights, your freedom, and your future. Request a consultation with our team today to get started.
Frequently Asked Questions About Computer Solicitation Defense
What should I do if I am arrested for computer solicitation in Stuart, FL?
First, remain calm and do not make any statements to law enforcement without an attorney present. Next, contact a criminal defense attorney as soon as possible. Your attorney will advise you on your rights and the best steps to take going forward.
Can charges be dropped if no real minor was involved?
Not automatically. Florida law allows prosecution even when an undercover officer posed as a minor. However, this fact may support certain defense strategies, including entrapment. Your attorney will assess how this affects your specific case.
Will I have to register as a sex offender if convicted?
A conviction for computer solicitation in Florida can require mandatory sex offender registration. However, the specific requirements depend on the charges and circumstances. Therefore, it is critical to work with an attorney who understands Florida’s sex offender registration laws.
How long do computer solicitation cases take to resolve?
The timeline varies depending on the complexity of the case and the court’s schedule. Some cases resolve through negotiated plea agreements, while others go to trial. Additionally, pre-trial motions, such as motions to suppress evidence, can affect the overall timeline.
Can I afford a private criminal defense attorney?
Our firm is committed to providing strong, dedicated representation to clients throughout the Treasure Coast. We encourage you to contact us to discuss your situation. Furthermore, we can talk with you about your options during your initial consultation.
Talk With a Stuart FL Computer Solicitation Defense Attorney Today
A computer solicitation charge is one of the most serious allegations a person can face. The consequences of a conviction can follow you for the rest of your life. Therefore, choosing the right defense attorney is one of the most important decisions you will make.
At Jonathan Jay Kirschner, Esq., & Associates, LLC, we bring more than 30 years of criminal defense experience to every case we handle. Our team is dedicated to fighting aggressively and compassionately for each client we represent. Moreover, we are available 24/7 to take your call and start building your defense right away.
Do not wait to get the help you need. Talk with a legal expert at JKJ today and take the first step toward protecting your future. Visit our website to contact JKJ and request a consultation with our experienced defense team.
