The term “solicitation” can be used in different legal contexts. Legally, the act of solicitation consists of asking someone to commit an illegal act. It is essential that the solicitation has to be addressed to a particular person. For example, an employee who agreed an employment agreement not to solicit business after leaving the job can be found guilty in solicitation if he or she would send a letter to clients asking for a service. The crucial point is the letter sent to the clients. Otherwise, there are not any incrimination. That is to say, the clients here are specified individuals.
There are specific rules for solicitation in each area. Related to economic activity, for example, charitable organizations must register with state agencies before starting their legal activity, that is to say, soliciting money.
Related to Criminal Law, solicitation consists of the act of an offender intentionally entice, advise, incite, order or otherwise encourage another to commit an unlawful offense. In general, solicitation involves crimes like prostitution and drug dealing. We can consider any solicitation completed if the unlawful act started occurring.
According to California Penal Code solicitation is considered to be either a felony or a misdemeanor, that is to say it is a “wobbler”. The incrimination depends on the criminal history of the person as well as circumstances of the offense.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law. Direct approach with our clients allows us to easily obtain dismiss or reduction of the charges. Additionally, we provide a flat fee agreed upon before we begin. Feel free to contact us!
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