A computer solicitation charge can change your life overnight. Law enforcement investigations in Port St. Lucie and across St. Lucie County are aggressive. Moreover, the consequences of a conviction are severe and long-lasting.
If you or someone you love is facing these charges, you need experienced legal representation immediately. Therefore, reaching out to a skilled criminal defense attorney should be your very first step. Time matters in these cases.
At Jonathan Jay Kirschner, Esq., & Associates, LLC, our team is available 24 hours a day, seven days a week. We defend clients throughout Port St. Lucie, Fort Pierce, Stuart, and the surrounding Treasure Coast communities. Because we understand how frightening this situation feels, we are here to help you navigate it.
What Is Computer Solicitation in Florida?
Computer solicitation refers to using a computer, smartphone, or electronic device to solicit a minor for unlawful sexual conduct. Florida law treats these offenses extremely seriously. As a result, prosecutors pursue these cases with significant resources and determination.
Under Florida Statute §847.0135, it is a criminal offense to use online technology to solicit, seduce, lure, or entice a minor. Furthermore, even attempting to do so carries criminal penalties. The law applies to emails, text messages, social media platforms, chat apps, and other digital communications.
How These Charges Typically Arise
Many computer solicitation cases involve undercover law enforcement operations. Officers often pose as minors in online chat rooms or on social media platforms. Then, they engage suspects in conversations and attempt to arrange meetings.
Additionally, some cases arise from tips submitted to law enforcement by members of the public. In other situations, digital forensic investigations uncover communications on seized devices. However, not every investigation is conducted lawfully or fairly.
Potential Penalties You Could Face
Computer solicitation is typically charged as a third-degree felony in Florida. However, certain aggravating factors can elevate it to a second-degree felony. Because of this, the potential prison sentences range from five to fifteen years.
In addition to incarceration, a conviction may result in mandatory sex offender registration. This registration follows you for life and affects where you can live and work. Furthermore, you could face heavy fines, probation, and restrictions on internet use.
Why You Need a Defense Attorney Immediately
Many people mistakenly believe they can explain themselves to investigators and resolve the situation. On the other hand, speaking to law enforcement without an attorney almost always makes your situation worse. Therefore, you should exercise your right to remain silent and call a lawyer first.
An experienced defense attorney can intervene early in the process. First, your attorney can assess whether law enforcement followed proper legal procedures. Next, your attorney can identify weaknesses in the state’s evidence before charges are formally filed.
Furthermore, early involvement by defense counsel can sometimes lead to reduced charges or alternative resolutions. The sooner you act, the more options your attorney has available. Contact a legal professional at JKJ as soon as you learn you are under investigation.
Common Defenses in Computer Solicitation Cases
A skilled defense attorney will carefully review every detail of your case. There are several strong legal defenses that may apply to your situation. However, the best strategy depends entirely on the specific facts involved.
Entrapment
Entrapment is one of the most frequently raised defenses in computer solicitation cases. This defense applies when law enforcement induces a person to commit a crime they would not have otherwise committed. Moreover, if investigators used overly aggressive or manipulative tactics, entrapment may be a viable argument.
Florida courts recognize both subjective and objective tests for entrapment. Therefore, our attorneys carefully examine the conduct of undercover officers throughout the investigation. Additionally, we review all communications to determine whether law enforcement crossed legal boundaries.
Lack of Intent
The prosecution must prove that you intended to solicit a minor for unlawful purposes. In some cases, communications are taken out of context or misinterpreted. As a result, a lack of criminal intent can serve as a powerful defense.
Our attorneys work with digital forensics experts to analyze communications thoroughly. We examine the full thread of messages, not just the portions prosecutors highlight. Furthermore, we consider whether any ambiguity in the communications undermines the state’s case.
Unlawful Search and Seizure
Law enforcement must follow strict constitutional rules when gathering evidence. If investigators obtained communications, devices, or data without a proper warrant, that evidence may be suppressed. Because of this, we scrutinize every aspect of how evidence was collected.
Additionally, we review whether digital evidence was handled properly after seizure. Chain of custody issues can also affect the admissibility of evidence in court. Our team knows how to identify these critical procedural flaws.
Mistaken Identity
Digital investigations are not always precise. In some cases, IP addresses are shared, spoofed, or incorrectly attributed. Therefore, the person charged may not have been the actual person behind the communications in question.
Our attorneys work closely with technology experts to challenge the state’s digital evidence. Furthermore, we question whether the evidence actually links you to the alleged conduct. This defense has proven effective in numerous cases across Florida.
The JKJ Approach to Your Defense
At Jonathan Jay Kirschner, Esq., & Associates, we treat every client with dignity and respect. We understand that good people sometimes find themselves in difficult and frightening circumstances. Moreover, we believe that everyone deserves a strong and vigorous defense.
Jonathan Jay Kirschner, Esq., brings more than 30 years of criminal defense experience to your case. Our team includes attorneys who understand the procedures and personalities of St. Lucie County courts. As a result, we can anticipate how prosecutors will build their case and counter it effectively.
We serve clients throughout the Treasure Coast region, including Port St. Lucie, Fort Pierce, Stuart, and Jensen Beach. Additionally, we handle cases in Okeechobee and Martin County when needed. No matter where you are located, our team is ready to fight for you.
What Happens When You Contact Us
When you first reach out to our firm, we listen carefully to your situation without judgment. Then, we explain the charges you are facing and the potential consequences in plain language. We want you to understand every step of the process.
Next, we review the evidence in your case and identify the strongest available defenses. Our attorneys explain your legal options and the pros and cons of each path forward. Finally, we develop a customized defense strategy designed to protect your freedom and your future.
Talk with a legal expert at JKJ today to discuss your case in a confidential consultation. Our team is standing by around the clock to take your call.
Protecting Your Rights From the Start
Florida law enforcement agencies devote substantial resources to computer solicitation investigations. In Port St. Lucie and Fort Pierce, these operations are increasingly common. Furthermore, the digital evidence gathered in these cases can be overwhelming without proper legal analysis.
However, being charged does not mean being convicted. The state bears the burden of proving every element of the offense beyond a reasonable doubt. Therefore, a skilled defense attorney can make an enormous difference in the outcome of your case.
Additionally, we can file motions to suppress evidence that was illegally obtained. We can negotiate with prosecutors for reduced charges or alternative sentencing options. On the other hand, if your case goes to trial, we are fully prepared to fight for you before a judge or jury.
Frequently Asked Questions About Computer Solicitation Charges
Can I be charged even if no actual minor was involved?
Yes. Florida law makes it a crime to solicit someone you believe to be a minor. Therefore, even if the other person was actually an undercover officer, you can still face criminal charges. This is why these sting operations are so commonly used by law enforcement.
Does a computer solicitation charge automatically result in sex offender registration?
A conviction for computer solicitation can require mandatory sex offender registration in Florida. However, the specific outcome depends on the charge, the circumstances, and how the case resolves. An experienced attorney may be able to pursue options that avoid or minimize registration requirements.
What should I do if law enforcement contacts me about an investigation?
Do not speak to investigators without an attorney present. Instead, politely invoke your right to remain silent and request legal counsel immediately. Furthermore, do not attempt to delete any communications or data, as this could result in additional charges.
How long do computer solicitation investigations typically take before charges are filed?
Investigations vary widely in length. Some arrests happen quickly following a sting operation. Others involve lengthy digital forensic reviews before charges are filed. Because of this, it is important to retain an attorney as soon as you suspect you are under investigation.
Can these charges be reduced or dismissed?
In some cases, yes. Charges can be reduced or dismissed based on procedural violations, insufficient evidence, or successful suppression of key evidence. Additionally, prosecutors may sometimes offer plea agreements in exchange for reduced charges. Your attorney can evaluate these options based on your specific facts.
Contact JKJ — Your Port St. Lucie Computer Solicitation Defense Team
Facing a computer solicitation charge is one of the most stressful experiences a person can go through. However, you do not have to face it alone. The team at Jonathan Jay Kirschner, Esq., & Associates is ready to stand by your side.
We have more than 30 years of experience defending clients against serious criminal charges throughout St. Lucie County and the Treasure Coast. Our attorneys are available 24/7 because we know that legal crises do not follow a schedule. Furthermore, we bring the skills, knowledge, and dedication your case demands.
Request a consultation with our team today. We will review your case, explain your rights, and help you understand the best path forward. Do not wait — early action can make a critical difference in your case.
