Solicitation Criminal Attorney in Rochester

Former Monroe County Prosecutors Defending Solicitation Charges

A solicitation arrest moves fast. Before a case is resolved, you’ve already been arrested, arraigned, and placed at risk of a permanent criminal record. At DeCarolis Defense, we start by listening. Understanding what happened and what’s at stake for you personally shapes every decision we make in building your defense.

If you’re facing a solicitation charge in Rochester, call us now at (585) 639-3111. We offer a free consultation and work directly with each client from the first call through resolution.

Former Prosecutors Who Know How These Cases Are Built

Both Attorney James Nobles and Attorney Brian DeCarolis served as Monroe County assistant district attorneys. Between them, they bring more than three decades of combined criminal law experience and have handled hundreds of trials and thousands of cases. That prosecutorial background is directly relevant here: they know how police build solicitation cases and how the Monroe County District Attorney’s Office prepares them for trial, including cases that began as sting operations.

When you work with our firm, you work with Nobles and DeCarolis directly. Not a junior associate. Not a paralegal. The attorneys recognized as Top 100 Trial Lawyers and among America’s Top 100 Criminal Defense Attorneys handle your case. Our goal in every matter is to seek a favorable resolution, whether that comes through negotiation or at trial.

How New York Law Defines Solicitation of Prostitution

New York prosecutes solicitation of prostitution under Penal Law Article 230, which covers patronizing a person for prostitution. Under Penal Law § 230.02, the offense occurs when a person pays, agrees to pay, or offers to pay a fee for sexual conduct, or solicits another person to engage in sexual conduct for a fee. Patronizing a person for prostitution in the third degree, the most common charge, is a Class A misdemeanor under Penal Law § 230.04. The sexual act itself doesn’t need to occur. An agreement or offer to pay is legally sufficient to support prosecution, and the state’s evidence in Rochester-area arrests typically includes text messages or recorded conversations from sting operations rather than any completed act.

Penalties & Collateral Consequences of a Conviction

A Class A misdemeanor conviction carries up to one year in jail, fines, and up to three years of probation or a conditional discharge. Those are the direct penalties. The collateral consequences often reach further:

• Criminal record: A conviction becomes permanently visible to employers, landlords, and licensing boards
• Professional licensing: Fields such as law, medicine, education, and finance may treat a conviction involving sexual conduct as grounds to deny or revoke a license
• Immigration status: For non-citizens, solicitation can be classified as a Crime Involving Moral Turpitude, which can affect visa status, green card applications, or naturalization

The stakes extend well beyond the courtroom, which is why defense strategy matters from the very beginning.

Defense Strategies in Solicitation Cases

Solicitation charges, particularly those arising from sting operations, carry specific legal vulnerabilities that an experienced defense attorney can identify and challenge. The defenses we examine include:

• Entrapment: Under New York Penal Law § 40.05, entrapment is an affirmative defense when police actively induce or encourage a person to commit an offense rather than simply giving them the opportunity to do so. If an undercover officer pushed the exchange rather than responding to it, this defense may apply
• Lack of intent or knowledge: The prosecution must prove the defendant intended to agree to pay a fee for sexual conduct and knew the nature of the arrangement. Ambiguous communications don’t automatically satisfy that standard
• Insufficiency of evidence: Every element of the charge, including the agreement to exchange a fee for sexual conduct, must be proven beyond a reasonable doubt. We examine the state’s evidence closely for gaps

Where appropriate, we draw on expert witnesses and private investigators to strengthen our analysis of the evidence. Under CPL § 30.10, the statute of limitations for a misdemeanor is generally two years from the date of the alleged offense, so timing can also be worth examining.

What to Expect After a Solicitation Arrest in Rochester

After arraignment, a case typically moves through pre-trial motions, discovery, and negotiation before any trial date. We’ve worked directly with the Monroe County District Attorney’s Office on behalf of clients throughout that process. In misdemeanor cases, one possible outcome is an Adjournment in Contemplation of Dismissal (ACD), a resolution where the case is dismissed and sealed after a probationary period if the defendant meets the court’s conditions. Whether an ACD or another resolution is available depends on the specifics of the charge and the evidence, which is exactly what we assess in the consultation.

Talk to a Rochester Solicitation Defense Lawyer Today

The decisions made early in a criminal case shape every option that follows. Our free consultation gives you a direct conversation with Nobles or DeCarolis about the charge, the evidence, and what a defense strategy looks like for your situation.

Call DeCarolis Defense at (585) 639-3111 to schedule your free consultation with a solicitation criminal lawyer in Rochester.