Managing Attorney
In 2021, Texas became the first state to make the solicitation of prostitution a felony. By making the penalties for solicitation of prostitution much steeper, the goal is to help reduce sex trafficking. Whether or not creating harsher penalties is a sound strategy or not, many people with no criminal history charged with solicitation of prostitution now face a permanent felony record as well as possible jail time and fines.
The goal of a prostitution case should always be to obtain an expunction, which is generally only available after a dismissal or acquittal. However, the reality is that in some cases, a prosecutor will be unwilling to dismiss a charge, and the facts may not be favorable to the defense. If a case can’t be dismissed or won at trial, is it possible to get a charge reduced? What are the advantages of getting a solicitation of prostitution charge reduced in Texas?
What does it mean to “reduce” a charge? How can a solicitation of a prostitution charge be reduced in Texas?
“Reducing” a charge means changing the charge to a different or lower-level offense (for example, from a second-degree felony to a third-degree felony). A first-time solicitation of prostitution charge is a State Jail Felony in Texas, which is the least serious category of felonies. When a solicitation of prostitution charge is reduced, it will be treated like a misdemeanor.
Solicitation of prostitution is a State Jail Felony in Texas. When solicitation of prostitution is reduced, it is reduced to a Class “A” misdemeanor. Only the prosecutor can reduce or change a criminal charge (not even the judge has the authority to change what a defendant is charged with). In solicitation of prostitution cases, a prosecutor can reduce the charge to a misdemeanor by changing the charge to attempted solicitation of prostitution (which reduces a criminal offense by one level), or by filing a motion under Texas Code of Criminal Procedure 12.44(b), which allows State Jail felonies to be treated and sentenced like Class “A” misdemeanors for all purposes.
What are the advantages of getting a solicitation of prostitution charge reduced in Texas?
The most obvious advantage of getting a solicitation of prostitution case reduced in Texas is that it avoids the risk of a felony conviction. If a solicitation of prostitution case is reduced by changing it to an attempted solicitation of prostitution or through 12.44(b) then it would be treated like a misdemeanor and would not lead to a felony conviction, even if a person’s probation is later revoked.
One additional advantage of having a solicitation of prostitution case reduced, is that a misdemeanor carries a shorter waiting period to get your records sealed if you completed a deferred adjudication probation. In Texas, deferred adjudication probation is a type of probation that does not leave a “final” conviction if completed successfully and makes it possible to obtain a non-disclosure (also known as getting your records “sealed”) in certain cases. The waiting period for getting your records sealed is five years after you finish your deferred adjudication probation for a felony but only two years for a misdemeanor.
Finally, having your case “reduced” exposes you to less jail time if your probation is revoked since it caps the time a judge could give you at a year (which is the maximum punishment for a Class “A” misdemeanor) versus two years for a State Jail Felony.
How can an attorney help get a solicitation of prostitution charge reduced?
To obtain any good result in a criminal case, your prostitution defense attorney should first aggressively challenge the evidence in the case. As noted above, the goal is to obtain a dismissal of the charge. However, if a solicitation of prostitution case is not dismissed, the next best result may be to obtain a reduction of the charge.
There is no special technique to reduce a case. Often, an attorney can point out flaws with the case or attempt to obtain a reduction by convincing the prosecutor that the defendant is a good person who simply made a mistake. On occasion, an attorney can provide documents and letters of character reference to a prosecutor to help convince him to reduce the charges (you should not attempt to obtain letters of character reference without first speaking to your attorney).
If you have been charged with prostitution anywhere in the Houston area, call Ceja Law Firm for a free consultation. Mr. Ceja is a former prosecutor with extensive experience helping clients successfully defend prostitution charges and navigate the legal system.
