If you’ve been arrested for solicitation of prostitution in Dallas, you’re facing a state jail felony. A first offense carries 180 days to two years in state jail and fines up to $10,000. With your job, your reputation, and your freedom on the line, you need an experienced Dallas criminal defense attorney who can fight to protect your future.
At Varghese Summersett, our team has secured more than 1,600 dismissals and 800 charge reductions across Texas. We understand the fear and embarrassment that comes with these charges. We also know that police sting operations and undercover tactics can create legal issues that a skilled defense lawyer can challenge. If you’ve been arrested for solicitation in Dallas County, call (214) 903-4000 for a free and confidential consultation.
What Is Solicitation of Prostitution in Texas?
Solicitation of prostitution occurs when a person offers or agrees to pay another person to engage in sexual conduct. Under Texas Penal Code § 43.021, you can be charged with this offense simply for offering or agreeing to pay for sexual conduct, even if no sexual act ever takes place.
This is a change from older Texas law. In 2021, the legislature reclassified solicitation of prostitution from a misdemeanor to a felony for first-time offenders. The goal was to target the “demand side” of prostitution more aggressively. What many people don’t realize is that even a simple text message, a conversation with an undercover officer, or responding to an online ad can result in felony charges.
You don’t have to actually exchange money or engage in sexual conduct. You only need to agree to do so. That’s why sting operations are so effective for police, and why you need a defense lawyer who understands how to challenge these cases.
Related Questions People Ask
Can I Be Arrested for Just Talking to Someone?
Yes. If the conversation includes an offer or agreement to pay for sexual conduct, that alone can lead to an arrest. Police often use undercover officers posing as sex workers on websites, apps, or the street. Once you make an agreement (even without exchanging money), officers can make an arrest.
What If I Never Went Through With It?
It doesn’t matter. Solicitation charges are based on the offer or agreement, not on whether a sex act occurred. Police arrest people at the agreement stage as part of sting operations designed to stop the transaction before it happens.
Is This the Same as Prostitution?
No. Under Texas law, prostitution (under Texas Penal Code § 43.02) applies to the person selling sexual services. Solicitation (§ 43.021) applies to the person offering to pay for those services. Both are now felonies in Texas.
Penalties for Solicitation of Prostitution in Dallas
Under Texas Penal Code § 43.021, the penalties depend on the circumstances of the offense and your prior criminal history:
- First offense: State jail felony, punishable by 180 days to 2 years in state jail and a fine of up to $10,000
- Second or subsequent offense: Third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000
- Person solicited is under 18, represented as under 18, or believed by the actor to be under 18: Second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000
- Person solicited is under 18 AND defendant has a prior conviction: First-degree felony, punishable by 5 to 99 years or life in prison
The collateral consequences extend far beyond jail time. A felony conviction can cost you your job, professional license, security clearance, and custody rights. It will appear on background checks for years, affecting housing applications, college admissions, and employment opportunities.
If you’re facing these charges, you need to talk to a lawyer before you talk to police. Call (214) 903-4000 to schedule a free consultation with a Dallas solicitation defense lawyer.
Bond Amounts for Solicitation Cases in Dallas County
When someone is arrested for a prostitution-related offense in Dallas County, they’re typically taken to the Lew Sterrett Justice Center and processed through the Dallas County jail. Bond amounts vary based on the specific charge, criminal history, and other factors.
Based on our analysis of Dallas County bond data, here’s what defendants typically face for prostitution-related offenses:
- Basic prostitution (Texas Penal Code § 43.02(c)): The most common bond is $500, with an average bond of approximately $1,200
- Prostitution with prior convictions (§ 43.02(c)(1)): The most common bond is $1,000, with an average bond around $1,350
- Prostitution with 3 or more prior convictions (§ 43.02(c)(2)): The most common bond is $1,500, with an average bond over $13,000
- Promotion of prostitution (§ 43.03): The most common bond is $100,000, with an average bond near $78,000
For solicitation offenses, bond amounts are typically higher than basic prostitution charges because solicitation is now classified as a felony. If a minor is involved or represented to be involved, bonds can escalate significantly. Having an experienced attorney advocate for you at the bond hearing can make a substantial difference in whether you’re able to return home while your case proceeds.
How Sting Operations Work in Dallas
Most solicitation arrests in Dallas come from police sting operations. Law enforcement uses several tactics:
Online stings: Officers create fake profiles on dating apps, websites, or classified ads. They pose as sex workers and engage in text or chat conversations designed to get the target to offer money for sexual conduct. In some cases, officers arrange a meeting location where they arrest the target on arrival.
Street stings: Undercover officers pose as sex workers in known areas and engage pedestrians or drivers in conversation. If a suspect offers or agrees to pay for sexual conduct, they’re arrested.
Massage parlor stings: Law enforcement may conduct operations targeting massage parlors suspected of being fronts for prostitution. Customers who ask for or agree to sexual services during a massage may face solicitation charges.
In each of these scenarios, police are trained to extract specific language that constitutes an “agreement” under Texas law. But these tactics also create opportunities for defense, including entrapment, unlawful inducement, and constitutional violations.
Common Defenses to Solicitation Charges
Every solicitation case is different, but several defense strategies can be effective depending on the facts:
Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they wouldn’t have otherwise committed. If an undercover officer was overly aggressive, persuasive, or persistent in pushing you toward an agreement, this defense may apply. Texas courts recognize entrapment when the defendant’s conduct was the direct result of law enforcement encouragement or persuasion.
No Agreement
To convict someone of solicitation, prosecutors must prove that the defendant actually agreed to pay for sexual conduct. Vague or ambiguous language may not rise to the level of an “agreement” under the law. If your words can be interpreted differently, a defense attorney can challenge whether the elements of the crime were met.
Constitutional Violations
Did police violate your Fourth Amendment rights by conducting an illegal search or seizure? Were your Fifth Amendment rights violated through coerced statements? If law enforcement didn’t follow proper procedures, evidence may be suppressed and your case may be dismissed.
Mistaken Identity
In online stings, cases often rely on text messages or chat logs linked to phone numbers or accounts. If someone else had access to your phone, computer, or accounts, it may be possible to challenge whether you were actually the person who sent the messages.
Lack of Evidence
Prosecutors must prove every element of the offense beyond a reasonable doubt. If the evidence is weak, incomplete, or contradictory, a defense attorney can argue that the state hasn’t met its burden.
The defense team at Varghese Summersett has extensive experience handling sex crime cases across Texas. We investigate the facts, analyze the evidence, and fight aggressively to protect your rights. In one recent prostitution case, we secured a dismissal for a client facing charges. In another, we obtained non-reporting deferred adjudication, keeping our client out of jail and on track for a clean record. (Past results do not guarantee future outcomes.)
What Happens After a Solicitation Arrest in Dallas?
If you’re arrested for solicitation in Dallas County, here’s what to expect:
Booking and processing: You’ll be taken to the Lew Sterrett Justice Center or a local police station for fingerprinting, photographing, and processing. This can take several hours.
Bond hearing: A magistrate will set your bond. For state jail felony solicitation charges, bond is typically set within hours of arrest. Having an attorney present at this stage can help secure a lower bond.
Arraignment: You’ll appear in court to enter a plea. Most defendants plead not guilty at this stage to preserve all options.
Discovery and investigation: Your attorney will review all evidence, including chat logs, text messages, video recordings, and police reports. This is where defense strategies begin to take shape.
Pretrial negotiations: Many solicitation cases are resolved through negotiations with prosecutors. An experienced defense attorney may be able to secure reduced charges, deferred adjudication, or even a dismissal depending on the facts.
Trial: If negotiations fail, your case may proceed to trial. At trial, prosecutors must prove every element of the offense beyond a reasonable doubt. A skilled trial attorney can challenge evidence, cross-examine witnesses, and present a compelling defense.
Dallas County cases are heard in the Frank Crowley Criminal Courts Building. The specific court assigned to your case depends on the nature of the charge and other factors. Having a lawyer who knows the local courts, judges, and prosecutors can be a significant advantage.
What Sets Varghese Summersett Apart
When you hire Varghese Summersett, you get a team with the experience and resources to fight for you. Our firm has more than 70 team members across four Texas offices, including Dallas. We’ve secured over 1,600 dismissals and 800 charge reductions, including in prostitution and solicitation cases.
Our team includes former state and federal prosecutors who understand how the other side builds cases. We use that insight to identify weaknesses in the prosecution’s evidence and develop strategies that give our clients the best chance at a favorable outcome.
We know how stressful and embarrassing these charges can be. We handle every case with discretion and compassion, while fighting aggressively to protect your rights. If you’ve been charged with solicitation in Dallas, call (214) 903-4000 to schedule a free consultation.
Can I Get My Record Sealed or Expunged?
One of the biggest concerns for people facing solicitation charges is the long-term impact on their record. Texas law provides options for sealing or expunging certain records, but the availability depends on the outcome of your case.
Expunction: If your case is dismissed, you’re acquitted, or you’re otherwise found not guilty, you may be eligible for expunction. An expunction erases the arrest from your record as if it never happened.
Non-disclosure (record sealing): If you successfully complete deferred adjudication probation, you may be eligible for an order of non-disclosure. This seals your record from public view, though certain government agencies may still access it.
Not all outcomes qualify for expunction or non-disclosure. Convictions for solicitation involving minors, for example, are not eligible for sealing. This is why it’s critical to fight for the best possible outcome from the start, whether that’s a dismissal, a reduction, or a deferred adjudication.
Why Acting Quickly Matters
Evidence in solicitation cases can disappear quickly. Text messages may be deleted. Witnesses’ memories fade. Video recordings from sting operations may be overwritten. The sooner you hire an attorney, the sooner they can begin preserving evidence, investigating the circumstances, and building your defense.
Additionally, what you say to police can be used against you. Many solicitation defendants hurt their cases by trying to explain themselves to officers without an attorney present. You have the right to remain silent. Use it. Then call a lawyer.
Frequently Asked Questions
Is solicitation of prostitution a felony in Texas?
Yes. Since 2021, solicitation of prostitution is a state jail felony for a first offense under Texas Penal Code § 43.021. Prior convictions or cases involving minors can elevate the charge to a third-degree, second-degree, or even first-degree felony.
What’s the difference between solicitation and prostitution charges?
Prostitution (§ 43.02) applies to the person offering or agreeing to engage in sexual conduct in exchange for payment. Solicitation (§ 43.021) applies to the person offering or agreeing to pay for that conduct. Both are felonies in Texas.
Can I be arrested even if no money changed hands?
Yes. Solicitation charges are based on the agreement to exchange money for sexual conduct, not on whether the transaction was completed. Police routinely arrest people at the “agreement” stage during sting operations.
Will this show up on background checks?
If you’re convicted, yes. A felony solicitation conviction will appear on criminal background checks and can affect employment, housing, professional licensing, and more. That’s why fighting for a dismissal, reduction, or deferred adjudication is so important.
Should I talk to police about what happened?
No. You have the right to remain silent, and anything you say can be used against you. Politely decline to answer questions and ask for an attorney. Then call a defense lawyer immediately.
Protect Your Future. Call Now.
A solicitation charge doesn’t have to define your life. With the right defense, you may be able to get your charges reduced, dismissed, or resolved in a way that protects your record and your future. The Dallas defense attorneys at Varghese Summersett are ready to fight for you.
Call (214) 903-4000 today for a free and confidential consultation. Don’t wait. Your future is worth protecting.
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