Dallas Online Solicitation of a Minor Defense Lawyer

Fighting to Protect Your Rights Throughout North Texas
Dallas-Fort Worth Federal Defense Lawyer Aggressively Defends Against Online Solicitation of a Minor Charges

If you have been facing a felony charge for “online solicitation of a minor” in Dallas, you are facing serious consequences ranging from jail time to large fines and permanent sex-offender registration.

With this type of crime, the prosecutors and officers will often focus on threats of public shaming, involving family, and many other tactics. Their goal is self incrimination, and admitting guilt, before an attorney becomes present.

Regardless of what has happened, put an advocate on your case now. You need an attorney well versed in sex crimes, local court systems and how to build a defense.

On this page we will review everything you need to know about this crime, how to defend it, and how we can help.

Avoid A Conviction At All Costs

When you put criminal defense attorney Tim Clancy on your case, you are choosing skill and experience. We fight to help you avoid a conviction.

Clients often Choose Tim because he has represented other clients charged with the same or similar crimes. He has first hand experience in building a strategic defense, and how the prosecution and judge will respond. He has thorough knowledge of the law, and how to take a case to trial.

If you want clarity and a clear understanding of what to expect, pick up the phone and give us a call.

We offer free initial case consultations for online solicitation of a minor and other sex crimes. During this case review, Tim will explain your charges, how he can defend you, what to expect, and answers to your most pressing questions.

What “Solicitation of a Minor” Means Under Texas Law

In the state of Texas, and city of Dallas, the term “minor” is any person under the age of 17.

Under Texas Penal Code § 33.021 you have the following definition for this crime:

• Subsection (b) addresses intentionally communicating in a sexually explicit manner or distributing sexually explicit material to a minor via the internet or other electronic message services. Subsection
• Subsection (c) deals with knowingly soliciting a minor to meet with the intent that the minor will engage in sexual contact, intercourse, or deviate sexual intercourse.

Do not confuse  “online solicitation” with “criminal solicitation of a minor”, which covers other criminal activities with a minor.

How the Crime Happens: Facts, Scenarios & Investigative Techniques

For most cases, the police or agency will begin their investigation in online chat rooms and social media groups or platforms, including dating apps and anywhere online where minions are socializing.

A crime can occur fairly easily in this situation, and an adult can easily be bated if they do not understand the law. For example, if a person was communicating on any of these platforms, and they either sent nudes or sexual content (images, content) to a minor, they can be charged with online solicitation of a minor.

What if the two never met in person?

The statute under subsection (c) clearly states a “meeting” does not have to take place in order to press charges.

Types of Evidence Used In Court To Bring Charges

In these types of cases, evidence is key. The prosecutors will focus heavily on digital data to prove intent and the communication where the crime occured.

Here are the different types of evidence collected in these cases.

Common Types of Evidence Presented in Court

• Chat or Message Logs: This can include chat transcripts, screenshots, emails and text messages. Often found when they obtain a phone, computer or from the online server itself (meta, phone companies, and etc).
• Social Media and Apps: As discussed above, the agency or police can subpoena data from the companies servers or app. These include Facebook, Instagram, Snapchat, WhatsApp, and numerous dating apps.
• Digital Forensics: Agency and police departments have forensic analysts and scientists on staff who have tools to recover data like timestamps, location data, deleted files, browser history and any other number of traces left on a device. This includes phones and computers and laptops.
• Sting Operations: This is probably the most obvious where a police officer will pose as a minor, but they are also logging every message and transcript. We often hear the word entrapment, and this is a perfect example, where the undercover officer might pressure the suspect into incriminating themselves by accident.
• IP Addresses and Metadata: Prosecutors will use IP Address and metadata to link accounts to a device, which can give them identity and location data.
• Recorded Calls or Video: This is the most obvious where a device is used, and recorded by the undercover officer or suspect.
• Physical Evidence from a sting operation: When a meeting has taken place, the police can introduce GPS and surveillance footage. If items such as money or gifts were brought to the meeting, this can be used to prove the suspects intent.
• Confessions and Coerced Statements: Often, if the suspect is questioned and put under pressure, they will crack and anything they say can be used as evidence in court. If miranda rights were not given, or the statement was coerced, this can be defended and excluded from evidence.

How We Challenge Evidence And Defend Clients

It takes skill, and experience to analyze evidence, and the prosecutors stance. During this phase, an attorney can find holes in the prosecutions case against you ranging from:

• Unlawful search or seizure of data and devices
• Investigators will often present altered or incomplete evidence in the form of messages and transcripts
• Context is vital if there is a failure to preserve the context of the full conversation. This is especially true for a sting operations.
• Entrapment occurs often with coercive and manipulation tactics by the police.

It takes one error or fault on the states side to put the odds in your favor. This is precisely why you need a skilled and experienced attorney on your case.  This can be the difference between a conviction and dismissal.

How Convictions Happen In Court

I order to be found guilty, the state has to prove key elements beyond a reasonable doubt:

To convict a defendant, the State must prove every element of the crime beyond a reasonable doubt, including:

• The person accused of the crime was at least 17 years old.
• The intended criminal act (communication) happened online via social media, text and etc.
• The messages are sexual in nature or the intent was to meet for sexual activity.
• The courts must prove the suspect knew the minor they were soliciting online was under the age of 17.

We often see cases flip in our clients favor when the elements of “intent” or “belief” is called into question. This is often challenged through evidence and the overall context of the conversation.

Viable Defenses For An Online Solicitation Charge

These are the most obvious types of defense that can be used to fight these charges, but they will vary based on the facts of a case:

• Close-in-age defense: The difference between the suspect and minor was not more than three years at the time of consent.
• Mistaken age: The person accused believed they were communicating with an adult.
• Lack of intent: Often when a conversation had no real plan to meet, and the transcripts or logs back it up.
• Entrapment: This happens when law enforcement has coerced or persuaded the suspect to commit the crime, they would normally not have.
• Mistaken identity: The device or tracking by the police gave them the wrong person or they have the wrong suspect because somebody else used their device or account.
• Unconstitutional: There are scenarios where protected-free speech can make evidence inadmissible in court.
• Marriage to the minor: We have seen this before where the accused is legally married to a minor when the communication happened.

You need an attorney with an understanding of both digital forensics and Texas sex-crime laws. They can use these types of strategies to challenge evidence with a goal of fighting for a dismissal, reduction of charges, or outright acquittal.

What Happens After an Arrest

Upon arrest, the suspect is booked and brought before the courts (judge), where they are told what crime they are being charged with, including bond determination.

After the initial hearing, the prosecutor will start investigation and pre-trial hearings. If you have an attorney, the following steps will be taken on your behalf:

• Documenting and securing all evidence (phones, computers, chat logs, and server data).
• A review of warrants, and forensic reports will occur in order to ensure your rights were upheld.
• If there is any illegally obtained evidence, a motion to suppress will be made.
• Negotiations with the prosecution will occur. This is where early dismissal or a reduction of charges can be negotiated.
• If negotiations fail, preparations for trial will begin. This will include a substantial amount of work and investigation where experts and witnesses can be brought to court.

Why You Need A Skilled And Experienced Lawyer For Online Solicitation Of A Minor

These can be some of the most complex cases in the world of criminal defense, because of the types of evidence and tactics used by police.

With Tim Clancy As your criminal defense attorney, you can rely on him to:

• Thoroughly analyze and scrutinize all evidence, including chat logs, and messages for inconsistencies or corrupted evidence.
• Challenge evidence such as reliability of forensic data or the undercover police officers methods.
• Negotiate aggressively with the prosecutor with a goal of having your case dismissed or charge reduced.
• Professional and strategic trial representation if needed. With a focus on defending intent, age or contextual misrepresentation, and entrapment.

Without a skilled attorney, a defendant risks permanent penalties ranging from prison time to public registration as a sex offender for life.

We Recommend The Following Steps

• Do not communicate with the police or investigators without an attorney present.
• Do not delete any data, logs involving accounts, text messages, emails, or social-media accounts. These can contain evidence that we can use in your defense.
• Avoid discussing your case publicly or on social-media.
• Be selective in who you choose as your attorney. Pay attention to how they will defend you, and their experience in handling these types of cases.

Speak With Dallas Online Solicitation of a Minor Lawyer Tim Clancy Now.

Being charged under Texas Penal Code §33.021 can cost you decades in prison and mandatory sex-offender registration. The stakes are high, don’t wait to get help.

The sooner we can work on your case, the strong your defense will be.  If you’ve been accused of online solicitation of a minor in Dallas or anywhere in North Texas, give us a call to schedule a confidential consultation (214) 550-5771.

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