Menu
Michael V. Cibella, LLC - Litigation Attorney
Criminal Defense Attorney | Civil Litigation
Free Initial Consultation 212-818-1880 Available 24/7

Testimonials

  • Michael saved my life. There is no other way to put it . . . Thank you, Michael, for giving me a new day! Assault in the First Degree in Manhattan, August 2016
  • I have a clean record and I will always have Michael to thank for that. Aggravated DWI with an accident in Brooklyn, February 2016
  • Michael was invaluable in helping me through a difficult time. After being arrested with a DWI and losing my job shortly after, I was at my wit's end. DWI with an Accident and Leaving the Scene, January 2016
  • Because of you, I'm driving my kids to school! Thank you!! DWI & DMV Refusal Hearing, August 2015
  • Mike Cibella did an excellent job! . . . When something wasn’t right the day the charge was to be dismissed, Mike hunted down the DA to make it right and end the case with a dismissal. We are grateful to have engaged him. Criminal Mischief, July 2015
  • Michael, I am grateful for your help with the DA and can't thank you enough for what you did for our son. You gave him a second chance . . . Grand Larceny, May 2015
  • Michael could not have done more for me in immediately being available and putting me at ease . . . had a bull-dog-like tenacity that never stopped fighting for my case and had a great court presentation. DWI, March 2015
  • I know a dodged a bullet and it's all thanks to Michael's judgment, experience and hard work! Insurance Fraud, September 2014
  • ... Again, I'm forever grateful. I wish there were better words. THANK YOU! Fraud Investigation, July 2014
  • Thank you for all your hard work and for making this crazy process a little easier to handle. I'm very fortunate to have had you on my side. DWI, February 2014
  • Thank you very much for all that you've done. You made this difficult process very easy for me and I'm doing much better thanks to your help. DWI, December 2013
  • Thank you for saving my career! Investment Bank Trader, Larceny case, July 2011.
more
Michael V. Cibella Michael V. Cibella
Practice Areas

The questions to be answered in online solicitation cases

The questions to be answered in online solicitation cases

Being accused of soliciting a minor online can shocking; especially given the stigma that sex crimes carry in our society. It may seem like you have to prove yourself innocent beyond a reasonable doubt in instead of the state proving its burden to that standard.

Regardless of what you might believe, you have a constitutional right to be presumed innocent until proven guilty in a court of law. This means that the prosecution must every element of the crime you are charged with before you may be convicted.

This post will highlight a few of the questions that must be answered in online solicitation cases.

Did you actually solicit the minor – Charges may be filed based on your IP address indicating that your tablet or computer was used in the conversation with the minor, but the prosecution must prove that you were actually the person who lured, enticed or encouraged the minor to meet and perform a sexual act.

How did you know the person was a minor? – It is critical for the prosecution to show that you knew the person on the other side was a minor. The statements and representations have to be clear. If pictures were shown or the person told you specifically that she was underage, this is one thing. However, suggestions and innuendos may not be sufficient.

How was a meeting requested? – Yes, no actual meeting must take place before a person may be charged with online solicitation, but there must be an affirmative request for such a meeting. If the conversation did not have one, there may be a defense available.

If you are charged with online solicitation of a minor, it is important to speak with an experienced criminal defense attorney as soon you can.

The preceding is not legal advice.

Leave a Reply

Your email address will not be published.

Criminal Defense Attorney