Solicitation Defense Attorney in Fort Myers

Board-Certified Trial Credentials & Former-Prosecutor Insight, Fighting for You in Lee County

A solicitation charge under Florida Statute 796.07 can threaten your professional license, your reputation, and your freedom before a single day passes in court. The prosecution doesn’t need to prove a sexual act occurred. An offer or agreement is enough. At Calvo & Calvo, Attorneys at Law, we represent individuals facing these charges throughout Fort Myers and all of Lee County, bringing a Board-Certified Criminal Trial attorney and a former prosecutor together under one roof to defend you at every stage.

With over 40 years of combined legal experience defending clients across the full spectrum of criminal charges, including sex crimes, in both state and federal court, we know how these cases are built and where they can be challenged. Jose Luis Calvo is fluent in English and Spanish, and we assist clients wherever they are located, including out-of-state and international clients with charges arising in Lee County.

The earlier you contact our team, the more options we may be able to pursue on your behalf. Call Calvo & Calvo, Attorneys at Law at (800) 614-5138 to speak with a solicitation attorney in Fort Myers today.

What Florida Law Actually Requires the Prosecution to Prove

Under Florida Statute 796.07(2)(f), it is unlawful to solicit, induce, entice, or procure another person to commit prostitution, lewdness, or assignation. Solicitation is a specific-intent crime. The state must prove beyond a reasonable doubt that you knowingly offered or agreed to an exchange of value for a sexual act. No money needs to change hands. No physical contact needs to occur.

That breadth makes the statute powerful for prosecutors, and it also creates real defense opportunities. Ambiguous or incomplete communications are a common battleground, particularly in sting cases where the line between legal speech and a criminal offer may not be clear. The prosecution’s burden isn’t simply to show a conversation happened. It must prove you understood and deliberately agreed to what was being discussed. That distinction matters.

Penalties for Solicitation in Fort Myers

The consequences of a conviction escalate quickly based on prior history and the circumstances of the offense:

• First offense: First-degree misdemeanor, up to one year in county jail and a $1,000 fine
• Second offense: Third-degree felony, up to five years in prison, a $5,000 fine, and a mandatory minimum of 10 days’ incarceration
• Third or subsequent offense: Second-degree felony, up to 15 years in prison, and a mandatory minimum of 10 days’ incarceration

Beyond jail and fines, any judicial disposition other than acquittal or dismissal triggers a mandatory $5,000 civil penalty. If a vehicle was used in the offense, the court may order impoundment for up to 60 days.

A conviction under Chapter 796 creates a public record accessible through Florida’s online court databases, and professional license holders in healthcare, education, financial services, and contracting may face disciplinary action through their licensing boards. Unlike many sex-related offenses, adult solicitation under 796.07 doesn’t typically trigger sex offender registration under Florida Statute 943.0435. Charges involving a minor or tied to other qualifying offenses may change that outcome, which is why this question deserves a direct conversation with your attorney about the specific facts of your case.

Defense Strategies in Solicitation Cases

Because sting operations generate the majority of solicitation arrests in Fort Myers and across Lee County, the circumstances of the arrest are often where the defense begins. Jose Luis Calvo’s background as a former prosecutor gives us direct insight into how the Lee County State Attorney’s Office evaluates these cases and what evidence it needs to pursue a conviction. We use that knowledge to identify potential gaps in the state’s case.

Depending on the facts of your case, viable defense approaches may include:

• Entrapment: Florida recognizes both subjective entrapment (whether this defendant was predisposed to commit the offense) and objective entrapment (whether law enforcement’s conduct was so egregious that it violated due process under the Florida Constitution, regardless of predisposition). Sting cases are where this defense is most relevant.
• Lack of intent: When evidence doesn’t clearly show the defendant understood or agreed to what was being discussed, intent becomes contestable.
• Constitutional violations: Unlawful searches, Miranda violations, or improper evidence collection can render key prosecution evidence inadmissible.
• Authentication failures in digital evidence: Chat logs, screenshots, and platform-sourced records must be properly authenticated. Failures in that process can undermine the state’s case.

We handle cases in both state and federal courts and are admitted to practice in the U.S. District Court for the Middle District of Florida. We also have a track record of working to reduce felony charges to misdemeanors and helping clients pursue record expungement or sealing after successful case resolution.

Why Fort Myers Clients Choose Calvo & Calvo, Attorneys at Law

Katheryn Smith Calvo is Board-Certified in Criminal Trial Law by the Florida Bar, a certification held by a small percentage of Florida lawyers and one she is the only female attorney in Lee County to hold. Board Certification means the Florida Bar has independently evaluated and recognized her competence in criminal trial practice at the highest level. That credential matters when the stakes are high.

Jose Luis Calvo brings the perspective of a former prosecutor who understands how cases are built from the other side of the courtroom. Together, we don’t guess at what the state is likely to do. We use our experience to plan around likely prosecution strategies. Our familiarity with local judges and prosecutors in the Twentieth Judicial Circuit lets us tailor defense strategies and negotiate with context.

We’re a boutique firm. You won’t be handed off to a paralegal or cycled through intake staff. Clients receive direct attention, clear communication, and a strategy built around their specific situation and what they most need to protect.

Get a Consultation on Your Solicitation Charge Today

A solicitation charge in Fort Myers is serious, but it isn’t the end of the road. The sooner we can review the facts of your case, the more room we may have to build a strong defense, explore diversion options, or pursue dismissal. We serve clients throughout Fort Myers and all of Lee County, and we can assist you no matter where you are located.

Bilingual consultations are available in English and Spanish, and we’re committed to making sure you understand every step of the process and every option available to you. Call Calvo & Calvo, Attorneys at Law at (800) 614-5138 to speak with a solicitation defense attorney in Fort Myers.