Cleveland Prostitution & Solicitation Attorney
If you are facing charges for prostitution or a related offense in Cleveland, contact The Law Office of Daniel M. Margolis, LLC. These are not something you want attached to your permanent criminal record. Not only will prostitution, solicitation, or a related offense lead to statutory penalties like incarceration and fines, the conviction can affect your employment, social relationships, and child custody. Let prostitution attorney Daniel M. Margolis review the evidence and develop an aggressive defense strategy.
Attorney Margolis is a former prosecutor and has decades of experience helping individuals fight against criminal convictions, including prostitution, soliciutation, and other Ohio sex crimes. Contact The Law Office of Daniel M. Margolis, LLC at (216) 533-9533 for a free and confidential consultation.
Common Cleveland Prostitution Crimes
Attorney Daniel M. Margolis can help if you’ve been charged with:
Prostitution (ORC 2907.25(A))
Ohio prohibits anyone engaging in sexual activity for hire. It is illegal for you to participate in any sexual activity in exchange for a benefit, whether it is money or property. Prostitution is charged as a third-degree misdemeanor.
Prostitution After Positive HIV Test (ORC 2907.25(B))
If you know you have tested positive for HIV, it is illegal for you to engage in any sexual activity for hire. Instead of a misdemeanor, this is a third-degree felony.
Solicitation (ORC 2907.23)
It is illegal to solicit anyone to engage in sexual activity for hire. If you are charged with soliciting an adult, you will be charged with a third-degree misdemeanor. If you solicit a 16 or 17-year-old when you know or recklessly disregard their age, you will be charged with a fifth-degree felony. If you solicit someone younger than 16 years old, whether or not you actually know their age or someone with a developmental disability, you will face a third-degree felony. If you know you have tested positive for HIV and you solicit someone, it is a third-degree felony.
Compelling Prostitution (ORC 2907.21)
You cannot compel another person to engage in sexual activity for hire; or induce, procure, encourage, solicit, or request that a minor—or someone you believe to be a minor—engage in sexual activity for hire. You also cannot pay or agree to pay a minor, directly or through an agent, so that the minor will participate in sexual activity. Compelling prostitution is a third-degree felony. However, if the minor was 16 or 17 years old, it is a second-degree felony, and if the minor was younger than 16, it is a first-degree felony.
Promoting Prostitution (ORC 2907.22)
It is illegal to knowingly establish, maintain, operate, manage, or supervise, or have any interest in a brothel or other enterprise, which is intended to facilitate prostitution; supervise, manage, or control the activities of a prostitution; provide transportation to facilitate prostitution; or induce or procure someone to engage in prostitution. This is generally a fourth-degree felony. However, if a minor is involved, you will face a third-degree felony.
Enticement or Solicitation to Patronize a Prostitute (ORC 2907.23)
It is illegal for you to knowingly, and for gain, to entice or solicit another person to patronize a brothel or prostitution or procure a prostitute for someone else. Procurement is charged as a first-degree misdemeanor unless a minor is involved. Then it is a fourth-degree or fifth-degree felony.
Commercial Sexual Exploitation of a Minor (ORC 2907.19)
If you knowingly purchase or otherwise obtain advertising space to market sexual activity for hire that includes the depiction of a minor, you can be charged with a third-degree felony.
Penalties for Prostitution and Solicitation in Ohio
If you have been charged with a misdemeanor or felony prostitution crime, you need to contact a prostitution lawyer right away to discuss the penalties if convicted as well as your defense options.
Criminal penalties in Ohio are based on the level of the misdemeanor or felony conviction:
- Fourth-degree misdemeanor – Up to 30 days in jail and up to $250 fine.
- Third-degree misdemeanor – Up to 60 days in jail and up to $500 fine.
- Second-degree misdemeanor – Up to 90 days in jail and up to $750 fine.
- First-degree misdemeanor – Up to 180 days in jail and up to $1,000 fine.
- Fifth-degree felony – Six to 12 months in prison and up to $2,500 fine.
- Fourth-degree felony – Six to 18 months in prison and up to $5,000 fine.
- Third-degree felony – Nine months to five years in prison and up to $10,000 fine.
- Second-degree felony – Two to eight years in prison and up to $15,000 fine.
- First-degree felony – Three to 11 years in prison and up to $20,000 fine.
These are not the only statutory penalties you face. In addition to a fine, you may be required to pay court fees and costs associated with other punishments, such as counseling and education, also referred to as “John School.” In addition to incarceration, you may be placed on probation for months or years.
One of the harshest penalties is sex offender registration. If you are convicted of compelling prostitution or a prostitution offense involving a minor, you will be labeled as a sex offender.
How a Cleveland Prostitution Attorney Can Help
When you are facing criminal charges for prostitution, solicitation, or another prostitution-related offense, you need to contact an experienced sex crimes defense lawyer. You will benefit from having a skilled lawyer review the facts of your case. Attorney Daniel Margolis has the knowledge and experience necessary to pinpoint the weaknesses in the prosecutor’s case and identify the strongest defense strategy.
By working with attorney Margolis, you obtain an objective analysis of your case. He will discuss with the best and worst possible outcomes with you, as well as the most likely outcome. Depending on the evidence, he may pursue to have the charges completely dropped or reduced, which can drastically lessen the impact on your life.
If the prosecutor and judge allow the case to move forward, your options are to seek a plea agreement for a negotiated sentence or to defend yourself at trial. Attorney Margolis will discuss both options with you, including the advantages and disadvantages of each.
Some of the defense strategies we may utilize:
- Lack of intent: You may not have intended to participate in prostitution or solicit a prostitute. There may have been a misunderstanding between you and another party.
- Ambiguity: Your prostitution lawyer may seek to prove that an alleged offer or agreement was too ambiguous to confirm there would be sexual activity for hire. If the prosecutor cannot prove there was a clear offer or agreement, then there won’t be enough evidence to convict.
- Lack of sexual activity: You may be able to prove that no sexual activity occurred between you and another party.
- Lack of payment: You may be able to show that there was no payment or exchange of something of value between you and another party.
A prostitution or solicitation conviction on your record can cause significant problems: now and in the future. However, convictions are not absolute, and you do not have to face them alone.