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Federal Solicitation Charges: Understanding the Laws, Penalties and Defenses

Defending Against Federal Criminal Solicitation Charges

If you are facing allegations of soliciting criminal activity under federal law, experienced legal counsel is critical to avoid severe penalties. Solicitation charges are complex, covering crimes never actually committed based only on speech or communication. Here is an overview of key federal solicitation statutes, government investigation approaches, potential defenses, and finding the right lawyer when accused of criminal solicitation.

Federal Laws Prohibiting Solicitation

Major statutes prohibiting solicitation include:

18 U.S.C. § 373 – Soliciting injury or murder. Up to 20 years imprisonment.
18 U.S.C. § 1512 – Soliciting witness tampering or obstruction. Up to 20 years imprisonment.
18 U.S.C. § 1361 – Soliciting property destruction. Up to 10 years imprisonment.
18 U.S.C. § 1952 – Soliciting crimes like arson, murder, bribery. Up to 5 years imprisonment.
18 U.S.C. § 2 – Aiding and abetting solicitation. Equally liable as the principal.

These laws make soliciting federal offenses equivalent to actually committing them. But ambiguous language like “commanding, inducing, or otherwise endeavoring to persuade”another to engage in crime leaves room for argument.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Investigation and Prosecution

Solicitation cases often originate from FBI undercover stings. Agents pose as hitmen, saboteurs, or co-conspirators to draw incriminating requests and offers of payment from targets. Recorded communications are critical evidence.

Other tactics include monitoring suspects through wiretaps, surveillance, and informants. Admit nothing if questioned and provide no evidence without an attorney.

Crafting an Effective Legal Defense

Several strategies exist to contest solicitation charges:

Entrapment – Argue government agents improperly manipulated the accused into soliciting crimes versus initiating ideas.
Mere idle talk – Contend language did not actually request commission of a crime.
Insufficient evidence – Challenge whether recorded communications prove intent beyond reasonable doubt.
Mistake of fact – Claim misunderstanding the “hitman” was real versus an undercover agent.
Mental defect – Assert mental illness or disability prevented forming criminal intent.

When applicable, raising reasonable doubt can defeat charges. Skilled counsel identifies and asserts the strongest defenses.

Negotiating Reduced Sentencing

If conviction occurs, experienced lawyers can potentially negotiate shorter sentences by:

Demonstrating the defendant had minimal actual involvement in planning
Providing cooperation against more culpable co-defendants
Accepting responsibility and expressing remorse
Highlighting addiction or mental health factors needing treatment, not incarceration
Citing family responsibilities and people who rely on the defendant
Pointing out the person has no prior criminal history

Any mitigation of sentencing is a victory, even if charges cannot be dismissed completely.

Selecting the Right Defense Lawyer

Facing federal solicitation allegations is daunting. Key credentials to prioritize in securing legal counsel include:

Experience defending complex First Amendment issues around speech acts
Familiarity with federal law enforcement sting tactics and how to challenge them
Strong relationships with federal prosecutors and judges
Willingness to take winnable cases to trial
Sentencing mitigation skills to reduce penalties in plea deals
Resources to reconstruct events and build compelling defense narratives

Retaining an assertive advocate immersed in the federal system is crucial when facing such accusations.

An Aggressive Defense Against Egregious Charges

While any federal felony case poses challenges, the right lawyer minimizes risks and builds the strongest case possible. Seasoned attorneys can expose flaws in government stings and evidence while humanizing clients. With experienced counsel guiding your defense, you can counter even intimidating solicitation allegations boldly.

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