This article was generated as a result of the arrests of a substantial number of gay men for the crime of solicitation in a number of Maryland locations.

Let's begin by reviewing a few misconceptions about what constitutes solicitation and what legally recognized defenses are available to a defendant charged with this offense. To be convicted of the crime of solicitation the state needs merely to show that the person charged asked another person to engage in an illegal act. Homosexual acts are still a crime in this regressive state. Thus, for one man to ask another man to engage in oral sex or any type of sexual act amounts to soliciting him to commit a crime in this state, unless you can prove that you requested that the officer return to your home, for example, to engage in the sexual activity. Of course, it will still be his word against yours.

It is not necessary for you to begin the conversation to be legally guilty of solicitation. The scenario usually goes something like this. You are in a cruisy area. Someone approaches you and makes eye contact. He may even make more blatantly suggestive gestures. You begin talking to this person. You ask if he is a cop. He says no. You feel safe and you engage in a sexual discussion with him. Usually he will ask you what you would like or what you would like to do to him. You respond with a sexual proposition. You are then promptly arrested for solicitation. It doesn't seem quite fair; but, it is nonetheless the state of the law in Maryland.

Most people believe that if you ask if someone is a police officer that they must affirmatively respond. That may be true on some old Dragnet episode. Unfortunately, it is definitely not so in this state. Most of my clients so charged complain that they were approached by the officer first. If the officers made the first move, why are they guilty of solicitation? Why isn't that entrapment? Morally, it may be entrapment. Legally, it is not. In order to successfully raise the defense of entrapment, a defendant must show that he was not predisposed to committing the criminal act. It is virtually impossible to prove that you did not intend to engage in this kind of activity if you are in an area where such things are known to happen regularly, for instance, at the peep shows or in a cruisy bookstore.

In the 20 years that I have been handling these types of cases, I would venture to say that the police initiated the contact in at least 80% of the cases. Even if you don't illegally respond to the officer's urgings, they often lie and say you did. Or, they do what we call "gilding the lily" and elaborate on what you did say, making it worse than it really was. I have even experienced cases where officers claim that the defendant improperly touched them when the accused flatly denies any such occurrence. Of course, additional charges may be leveled if other criminal acts are alleged. In many instances, I have known the persons charged for years. They would have absolutely no reason to lie to me. Unfortunately, it is their word against the police officers'. Needless to say, these are difficult cases to win.

Once you are arrested you will be taken to the nearest police station where you will be booked and processed. Thereafter, you will see a Court Commissioner. The Commissioner will determine your bail status. Most defendants in these cases are released on their own recognizance. This means that no bail is required before they are released from custody.

The court date will usually fall between one to three months after your arrest. It is advisable to engage an attorney to represent you in these cases so that you will suffer the least possible consequences. If someone is going to get nailed, it will usually be the unrepresented defendant.

An attorney will be able to guide you through the legal process, minimizing your embarrassment and helping to insure that your criminal record remains clean if this is your first offense. The going rate for District Court cases is between $500.00 and $750.00. You should pay no more than $750.00 for representation in this type of case. Don't get burned twice.

Although the maximum penalty for solicitation is one year in prison and/or a $500.00 fine, incarceration is out of the ordinary. None of my clients have ever been incarcerated as a result of this type of case. You can expect to maintain a clean record if this is your first offense. Some judges impose terms of supervised or non-supervised probation. Fines and court costs usually range anywhere from $100.00 to $250.00 for first offenses. Subsequent offenses are usually dealt with more harshly. The Baltimore City Bench standardly requires completion of a one day AIDS education program, the cost of which is the defendant's responsibility. The Baltimore County Bench and the Bench of Anne Arundel County have been known to impose more severe sentences in these cases.

The whole mess can be an anxiety-ridden nightmare. I often wonder, "Don't the police have anything better to do? Who are the real victims here?" Homophobia still runs rampant in our society. These arrests represent a sad state of affairs in our state. The lesson is, if you are approached in a similar situation which seems too good to be true, it is probably just that. Beware of plainclothes officers in cruisy areas. These incidents have been known to occur over the years in city bookstores, Wyman Park, Loch Raven Park in Baltimore County, and in Friendship Park in Anne Arundel County. Most of all, remember to play safe.

This article is meant to provide very general information. I would be happy to discuss the specifics of your personal situation. Please call for an appointment if you are interested in additional information.