Solicitation Criminal Attorney in Walnut Creek
Confidential Help After A Solicitation Charge
Being arrested or cited for solicitation can be overwhelming, especially when you live or work in Walnut Creek and are worried about who might find out. You may be trying to understand what the paperwork means, what will happen in court, and how this could affect your future. In this moment, having clear information and a steady legal guide matters.
Thomas Daly is a criminal defense lawyer based in Walnut Creek, California, who represents people facing criminal charges throughout Contra Costa County. He works with clients one-on-one and focuses on protecting their rights, records, and reputations.
If you have been caught in an undercover sting, contact an experienced Walnut Creek solicitation defense lawyer immediately by calling (925) 208-4801 or reaching out online. Our free consultation allows you to discuss your case in total confidence.
Understanding Solicitation Laws in California
In California, solicitation is governed by Penal Code Section 647(b). The law makes it a crime to solicit, agree to engage in, or actually engage in any act of prostitution. To defend against these charges effectively, the attorney must dissect how the state defines these specific actions.
Under the law, prostitution is defined as any lewd act between persons for money or other consideration. A "lewd act" involves the touching of the genitals, buttocks, or female breast of another person with the specific intent to arouse or gratify sexual desire.
The Three Ways You Can Be Charged:
- Soliciting Prostitution: This occurs when a person requests that another person engage in an act of prostitution with the intent to follow through.
- Agreeing to Engage in Prostitution: This requires an agreement between two parties plus an "overt act" in furtherance of that agreement (such as driving to a hotel or withdrawing money from an ATM).
- Engaging in Prostitution: This is the actual commission of the sexual or lewd act for compensation.
A common misconception is that a crime only occurs if money changes hands or if physical contact happens. In reality, the crime of solicitation is completed the moment the request is made with the requisite intent. As a Walnut Creek solicitation defense lawyer, Thomas Daly scrutinizes the details of the communication to determine if a legal "solicitation" actually took place or if the interaction remained in the realm of legal, albeit perhaps suggestive, conversation.
Penalties and Collateral Consequences of Solicitation in California
While solicitation is generally a misdemeanor, the consequences of a conviction under PC 647(b) are far-reaching and "priorable," meaning penalties increase significantly with each subsequent offense.
Direct Criminal Penalties
- First Offense: Up to six months in county jail and a fine of up to $1,000. Most first-time offenders may be eligible for informal probation or diversion programs.
- Second Offense: A mandatory minimum of 45 days in county jail.
- Third Offense: A mandatory minimum of 90 days in county jail.
Additional Consequences
- Vehicle Forfeiture/License Suspension: If the solicitation occurred in a vehicle within 1,000 feet of a residence, the court can suspend your driver's license for up to 30 days or restrict it for up to six months. In some cases, the vehicle itself can be declared a "nuisance" and seized.
- Mandatory Testing: Convicted individuals may be required to undergo AIDS/HIV testing and attend educational classes.
- Professional Licensing: Many professional boards (medical, legal, teaching) view solicitation as a "crime of moral turpitude," which can lead to the suspension or revocation of your license to practice.
- Public Record: Unlike some other crimes, sex-related offenses carry a heavy social stigma. A background check by a potential employer or landlord will reveal the conviction, which can hinder your ability to secure work or housing for years to come.
Focused Solicitation Defense In Walnut Creek
Many people who reach out after a solicitation arrest have never been in trouble before. They are often professionals, parents, or students who suddenly find themselves facing a criminal accusation that feels completely at odds with the rest of their lives. Thomas Daly understands how disruptive and embarrassing this can be and he treats every client with respect and discretion.
As a Walnut Creek criminal defense lawyer, Thomas Daly appears in Contra Costa County Superior Court, including courthouses in Martinez, Richmond, and Pittsburg. This familiarity with local procedures and expectations helps him provide informed guidance about how solicitation cases are typically filed, scheduled, and handled in these courts. Clients benefit from advice grounded in how matters actually move through the county system, not just theory.
Each case at Thomas Daly Law, A Professional Corporation receives individualized attention. Thomas Daly reviews the facts personally, listens to your concerns, and works to build defense strategies that reflect your goals. For some clients, the priority is limiting the impact on employment or a professional license. For others, immigration status or family relationships may be at the center of every decision. His one-on-one approach allows those priorities to guide the defense.
How A Local Solicitation Lawyer Helps
In a typical solicitation case, Thomas Daly begins by listening carefully to your account of what happened and what you hope to achieve. He then reviews the complaint, police reports, and any available recordings or digital evidence. This review can reveal questions about whether officers followed proper procedures, whether communications truly support the charge, or whether there are mitigating facts that should be brought forward.
Local knowledge plays a role at every stage. Because Thomas Daly appears in Martinez, Richmond, and Pittsburg courts, he is familiar with how arraignments, pretrial conferences, and other hearings are usually scheduled and conducted in Contra Costa County. He uses this understanding to explain what to expect at each appearance and to prepare clients for the decisions they may be asked to make.
Defense strategies are tailored to the person, not just the statute. For some clients, that might involve pursuing negotiations designed to reduce the charge or seek an outcome that does not leave a conviction on their record when that is realistically available. For others, it might require a more contested approach that challenges the sufficiency or admissibility of the evidence. In all situations, the goal is to protect rights and work toward the most favorable resolution the circumstances allow.
Throughout the case, communication remains a priority. Every case is unique, and he looks for the "human element" that the police often ignore. Potential defense strategies include:
- Entrapment: This is a powerful defense in sting operations. If the undercover officer used overbearing pressure, harassment, or fraud to induce you to commit a crime you were not otherwise predisposed to commit, the attorney can argue entrapment.
- Lack of Intent: He may argue that the conversation was mere "roleplay," a joke, or that there was never a true intention to exchange money for sex.
- Insufficient Evidence: In many "web-based" stings, the evidence consists of vague text messages or emails that do not meet the legal threshold of a "clear and unambiguous" solicitation.
- Mistake of Fact: If you believed the interaction was a legitimate date or a social encounter without a commercial component, he can argue a lack of criminal knowledge.
Protecting Your Privacy & Future—Call Our Solicitation Defense Attorney in Walnut Creek
For many people charged with sex crimes, the greatest fear is not only the legal penalty but the possibility that the accusation will follow them for years. Concerns about employers, business partners, and family members learning about the case can be intense. These worries are understandable, and they deserve to be taken seriously.
At Thomas Daly Law, A Professional Corporation, privacy is a central consideration in how cases are handled. Communications with your attorney are confidential, and Thomas Daly approaches these matters with discretion and respect. Clients are not judged for the circumstances that led them to seek help. Instead, time is spent understanding what is at stake in their personal and professional lives so that legal decisions take those factors into account.
Taking the step to speak with a solicitation criminal lawyer in Walnut Creek can feel daunting, but it is often the most effective way to regain a sense of control. A confidential consultation allows you to ask questions, get a clearer picture of what lies ahead in Contra Costa County courts, and discuss how a tailored defense might look in your situation.
To arrange a confidential consultation, call (925) 208-4801 or fill out this online form.
Frequently Asked Questions
Will a solicitation charge stay on my record?
A solicitation conviction can appear on your criminal record and may show up in background checks. Whether there are ways to avoid or limit that impact depends on the specific charge, your history, and the resolution reached. Thomas Daly can explain how these factors apply in your case.
Do I have to appear in court for this charge?
Most solicitation cases require at least one personal appearance in Contra Costa County Superior Court, often in Martinez. In some situations, your lawyer may handle certain routine hearings without you, but that depends on court rules and the stage of the case. You will receive guidance tailored to your situation.
How soon should I contact a lawyer after arrest?
It is generally wise to contact a criminal defense lawyer as soon as possible after a solicitation arrest or citation. Early advice can help you avoid missteps and prepare for your first court date. Thomas Daly works to review new cases promptly so clients understand upcoming deadlines and choices.
Will I work directly with Thomas Daly on my case?
Yes. Thomas Daly uses a one-on-one approach, so clients work directly with the criminal defense lawyer handling their case. This allows him to understand your concerns, answer your questions, and develop a defense strategy that reflects your goals instead of a one-size-fits-all plan.
How private is my consultation and case information?
Consultations and case discussions with Thomas Daly are confidential. Thomas Daly Law, A Professional Corporation is committed to safeguarding client privacy and treating every matter with discretion. Your situation is discussed only as needed for your representation, and your questions about confidentiality can be addressed during your first meeting.