DuPage County Indecent Solicitation of a Child Defense Lawyer

DuPage County, located west of Chicago, is known for its thriving communities, excellent schools, and family-friendly atmosphere. Cities like Naperville, Wheaton, and Downers Grove are often celebrated for their safety and quality of life. However, being charged with indecent solicitation of a child in DuPage County can bring life-changing consequences that demand immediate and skilled legal representation. Allegations of this nature are serious and carry severe penalties under Illinois law.

The Law Offices of David L. Freidberg provides comprehensive legal defense for those accused of indecent solicitation of a child in DuPage County. We understand the sensitive nature of these cases and the significant damage they can inflict on your personal and professional life. Our sex crime defense attorney is committed to protecting the rights of our clients and ensuring that every defense option is explored.

Illinois Law on Indecent Solicitation of a Child – 720 ILCS 5/11-6

Indecent solicitation of a child is defined under 720 ILCS 5/11-6 of the Illinois Criminal Code. This statute makes it illegal for a person to entice, persuade, or solicit a minor under the age of 17 to engage in any sexual conduct. The law also applies to attempts to arrange meetings with a minor for the purpose of engaging in unlawful sexual activity, even if the meeting never occurs.

Under this statute, a person can be charged with indecent solicitation of a child if they:

• Attempt to persuade a child to engage in sexual activity
• Use electronic communication, such as text messages or online platforms, to solicit a minor for sexual purposes
• Arrange meetings with the intent to engage in sexual conduct with a minor

The severity of the charges and penalties depends on several factors, including the age of the minor and whether the accused took steps to complete the alleged offense.

Penalties and Classification of Charges Under Illinois Law

The penalties for indecent solicitation of a child in Illinois are severe due to the state’s zero-tolerance approach to offenses involving minors. Under 720 ILCS 5/11-6, this crime is classified as either a Class 1 felony or Class 4 felony, depending on the circumstances.

A Class 1 felony is charged when the solicitation involves an intent to engage in sexual penetration. Penalties for a conviction include:

• 4 to 15 years in prison
• Fines up to $25,000
• Mandatory registration as a sex offender

A Class 4 felony applies when the solicitation involves sexual conduct that does not meet the standard for sexual penetration. Penalties for this conviction can include:

• 1 to 3 years in prison
• Fines up to $25,000
• Mandatory sex offender registration

A conviction can also lead to extended consequences beyond incarceration and fines, such as a permanent criminal record, limitations on residency, and restrictions on employment involving minors.

How Criminal Cases Begin and the Investigation Process

Indecent solicitation cases often begin when law enforcement receives a report from a concerned party or conducts sting operations targeting online activity. Investigations may involve undercover officers posing as minors in chat rooms or social media platforms. Once law enforcement believes there is probable cause, they may obtain search warrants to seize electronic devices and gather evidence.

The arrest process begins with formal charges being filed. The defendant is taken into custody, booked, and often required to post bail. Following the arrest, a preliminary hearing determines whether sufficient evidence exists to proceed with the charges.

The Criminal Trial Process in Illinois

After an arrest for indecent solicitation of a child in DuPage County, the case progresses through several stages. At the arraignment, the defendant will hear the formal charges and enter a plea of guilty or not guilty. If the plea is not guilty, the case proceeds to the pretrial phase, during which both sides gather and exchange evidence.

During the trial, the prosecution must prove every element of the charge beyond a reasonable doubt. Evidence may include electronic communications, witness testimony, and forensic analysis of devices. The defense will have the opportunity to challenge the evidence, question the credibility of witnesses, and present counterarguments.

If convicted, sentencing will be determined based on the specifics of the case, the defendant’s criminal history, and any mitigating or aggravating circumstances.

Evidence Law Enforcement Collects in Indecent Solicitation Cases

In indecent solicitation cases, law enforcement relies heavily on electronic evidence, which can include:

• Text messages and emails: Digital communications that imply solicitation or intent.
• Social media activity: Private messages and public posts used to establish communication patterns.
• Device forensics: Examination of phones, computers, and tablets for stored data and deleted files.
• Witness testimony: Statements from the alleged victim or undercover officers involved in sting operations.

The reliability and legality of this evidence can be challenged in court if law enforcement violated search and seizure laws or improperly handled digital data.

The Benefits of a Criminal Defense Attorney in Indecent Solicitation Cases

Facing indecent solicitation charges without legal representation can be overwhelming and dangerous. A defense attorney provides several key benefits, including:

• Protection of constitutional rights
• Investigation into the legitimacy of the evidence
• Identification of procedural errors or violations of due process
• Defense strategies tailored to the specifics of the case

A skilled attorney can negotiate plea deals, seek reduced charges, or pursue case dismissals when evidence is insufficient.

Legal Defenses in Indecent Solicitation of a Child Cases

Several defense strategies may apply to indecent solicitation charges, including:

• Entrapment: If law enforcement induced the defendant to commit the crime, this defense can be effective.
• Lack of Intent: If the defendant did not intend to engage in criminal conduct, the charges may be challenged.
• Mistaken Identity: Online communication can be misinterpreted, and identities can be easily manipulated.
• Constitutional Violations: If law enforcement violated the defendant’s Fourth Amendment rights during evidence collection, the evidence could be suppressed.

Each case is unique, and a personalized defense strategy is crucial for effective representation.

Qualities to Look for in a Criminal Defense Attorney

Choosing the right defense attorney for an indecent solicitation case is critical. Key qualities to seek include:

• Extensive experience handling sex crime cases in Illinois
• Familiarity with the Illinois criminal justice system and local courts
• Strong communication skills and a focus on client rights
• A history of successful outcomes in similar cases

A defense attorney should demonstrate a deep understanding of both state statutes and complex digital evidence challenges.

Questions to Ask During a Free Consultation

During a free consultation, asking the right questions can help determine whether an attorney is the right fit for your case. Important questions include:

• What experience do you have handling indecent solicitation cases?
• How will you approach my defense strategy?
• What potential outcomes can I expect based on my case?
• How will you keep me informed throughout the process?

Transparency and a thorough understanding of the case process are essential qualities for a defense attorney.

Why Defendants Need a Criminal Defense Attorney

Being accused of indecent solicitation of a child carries life-changing consequences, both legally and socially. Attempting to handle these charges without legal representation can lead to severe penalties, a permanent criminal record, and mandatory sex offender registration. An experienced criminal defense attorney can protect your rights, challenge the evidence against you, and fight for a fair outcome.

The Law Offices of David L. Freidberg provides dedicated defense for clients facing serious criminal charges in DuPage County and throughout Illinois. Our defense attorney understands the gravity of these accusations and works tirelessly to protect your future.

Call Attorney David Freidberg For a FREE Consultation

If you have been accused of a sex crime in DuPage County, Illinois, you need a skilled defense attorney to protect your rights and future. The Law Offices of David L. Freidberg offers compassionate and aggressive representation for clients facing these serious charges. Contact us today for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We proudly serve DuPage County, Cook County, Will County, and Lake County. Let us fight for your defense and your future.