How Unlawful Interrogation Can Get Evidence Thrown Out

Being accused of solicitation of a minor in Florida brings fear, embarrassment, and worry all at once. You may have been shocked when officers confronted you. You may have been questioned for hours. You may feel you had no choice but to say what they wanted to hear. Many clients tell me they were pressured, intimidated, or coaxed into confessing during a stressful interrogation.

Confessions are powerful evidence, but they are not automatically valid. There are strict rules on how police must conduct questioning. When officers cross the line, statements can be suppressed and the case can be weakened or dismissed.

As a Florida Solicitation of a Minor Defense Attorney, my job is to make sure the court hears how your confession actually happened, not just how the police wrote it down later. A private attorney can act quickly to challenge improper tactics, force the state to follow the law, and protect your future, reputation, and freedom.

Understanding Florida’s Solicitation of a Minor Law

Most solicitation of a minor charges in Florida fall under Florida Statutes section 847.0135, often called the “computer solicitation” law. The statute covers situations where a person:

  • communicates with someone believed to be a minor;

  • uses text, email, apps, chat rooms, or other electronic communications;

  • intends to solicit unlawful sexual conduct with a child; and

  • sometimes travels or attempts to travel to meet that person.

The law also applies when the “minor” is actually an undercover officer posing as a child. What matters legally is the defendant’s belief, not whether the child was real.

Penalties can include the following:

  • lengthy prison time;

  • sex offender registration;

  • probation with strict conditions;

  • internet restrictions;

  • damage to employment and family relationships.

Because the penalties are so severe, police and task forces sometimes push hard to obtain a confession. That pressure is exactly why the voluntariness of statements matters so much. A private defense attorney examines every minute of the interrogation to see whether your rights were violated.

What the Law Says About Confessions and Police Questioning

Florida law recognizes that confessions made through fear, promises, or coercion are unreliable. Your statement must be voluntary. It must be made with an understanding of your rights. If officers used psychological pressure or improper tactics, the court can exclude the confession.

Key legal principles include:

  • you must be advised of your right to remain silent in custodial questioning;

  • you have the right to consult with an attorney before questioning;

  • questioning must stop if you clearly assert your right to remain silent or request counsel;

  • threats, promises, prolonged questioning, or deception can make statements involuntary.

The Fifth Amendment to the United States Constitution and Article I, Section 9 of the Florida Constitution protect individuals from compelled self-incrimination. Florida courts also apply a “totality of the circumstances” test, meaning judges will consider everything that occurred during interrogation, not just one moment.

A private attorney can obtain body camera footage, interrogation room video, chat logs, text records, and police reports to show whether officers pressured you into saying what they wanted.

Common Police Tactics That Lead to False or Coerced Confessions

In solicitation of a minor cases, officers may employ aggressive tactics because they believe the accusation is morally serious. However, even serious accusations must be proven legally and ethically.

I routinely review cases where officers used tactics such as:

  • lengthy questioning without breaks;

  • promises of leniency or “help” if the person confesses;

  • claims that “things will be worse” if the person asks for a lawyer;

  • exaggeration or misrepresentation of the evidence;

  • minimizing the conduct to encourage admissions;

  • insistence that “honesty” requires agreeing with their version of events.

None of these tactics change the law. A confession must be freely given. When pressure becomes coercion, the proper remedy is suppression of the statement. Without the statement, the prosecution may struggle to prove intent.

Entrapment Issues in Florida Solicitation of a Minor Cases

Another important issue in these cases is entrapment. Florida Statutes section 777.201 addresses entrapment. In simple terms, entrapment occurs when law enforcement induces someone to commit an offense they were not otherwise predisposed to commit.

Entrapment arguments may arise when:

  • officers or undercover agents pressure or push the conversation;

  • law enforcement initiates sexual content rather than the accused;

  • officers suggest meeting or travel arrangements;

  • the accused shows hesitation but officers persist.

There are two forms discussed in Florida case law, subjective and objective entrapment. A private attorney can evaluate which applies and whether law enforcement conduct went too far. When entrapment is proven, the court can dismiss the case in its entirety.

How Unlawful Interrogation Can Get Evidence Thrown Out

When a confession results from coercion, promise, improper custody, or failure to advise of rights, it may be suppressed. Suppression means the jury will never hear it. Without a confession, the prosecution must rely on other evidence, which is frequently weak or circumstantial.

A suppression motion may be appropriate if:

  • you were interrogated without Miranda warnings while in custody;

  • officers ignored your request for an attorney;

  • police continued questioning after you said you wanted to remain silent;

  • you were threatened with harsher punishment unless you confessed;

  • you were promised probation or leniency in exchange for admitting guilt;

  • you were questioned for excessively long periods without rest.

A private attorney files the motion, conducts cross examination of the officers, and presents evidence about what really happened in the interrogation room.

What Prosecutors Must Prove in a Solicitation of a Minor Case

The prosecution must prove more than conversation. They must prove criminal intent. In many solicitation cases, the only evidence of intent is the confession that follows hours of questioning.

The state must generally prove:

  • intentional communication;

  • intent to persuade or induce unlawful sexual conduct;

  • belief that the other party was a minor;

  • more than accidental or joking statements.

Statements made under pressure do not reliably show intent. That is why challenging interrogation methods is often the key to defending these charges.

A Real Case Example from My Practice

A past client was accused after communicating with someone who turned out to be an undercover detective. He was arrested in a public parking lot. During interrogation, officers told him that if he “just admitted everything” he would “likely go home” and avoid jail. They spoke to him for nearly four hours. He was exhausted, frightened, and unfamiliar with his rights. Eventually, he repeated the story they were feeding him simply to stop the questioning.

When I took the case, I obtained the full interrogation video. It showed officers making clear promises of leniency and continuing to press him after he said he wanted to stop talking. I filed a motion to suppress his statements. After reviewing the video, the court ruled the confession involuntary.

Without the confession, the remaining chat evidence was ambiguous and did not prove criminal intent. The prosecution dismissed the case.

That outcome happened because a private attorney immediately investigated the interrogation itself, not just the chat transcripts.

Additional Florida Statutes That Commonly Affect These Cases

Several other statutes and legal rules may apply in solicitation of a minor cases:

  • Florida evidence code provisions governing admissibility of statements;

  • statutes on use of electronic communications in criminal investigations;

  • laws addressing search warrants, devices, and seized electronic data;

  • sentencing statutes affecting sex offender registration or probation conditions.

Understanding how these different laws interact is essential. A private defense attorney evaluates every potential issue, not just the charge listed on the arrest report.

Why You Need a Private Attorney in a Pressured-Confession Case

Confession-based cases are not simple. They require careful, aggressive legal work. A private attorney can:

  • obtain full audio and video recordings;

  • hire forensic experts to analyze chat communications;

  • question officers about their interrogation tactics;

  • file motions to suppress involuntary confessions;

  • raise entrapment defenses when appropriate;

  • challenge warrants and electronic search procedures;

  • negotiate reduced charges or dismissal where the case is weak.

Without counsel, you risk your own words being taken out of context and used against you unfairly. With counsel, the focus shifts to whether those words should be used at all.

Florida Solicitation of a Minor Defense Frequently Asked Questions

Can my case be dismissed if my confession was pressured or forced?
Yes, dismissal is possible if the confession is suppressed and the remaining evidence is weak. Courts can exclude statements obtained through coercion, threats, or failure to follow constitutional requirements. If the prosecution does not have enough remaining evidence to prove intent, they may be forced to drop the case. A private attorney evaluates whether suppression is available and files the necessary motions.

What if the person was not really a minor but an undercover officer?
Florida law allows charges even when the “minor” is actually an adult officer. What matters is the belief of the accused. However, undercover operations are subject to entrapment limits. If officers pushed the conversation, initiated sexual themes, or pressured you to act, those facts may strongly help your defense. A private attorney reviews every message to determine whether entrapment occurred.

Do police have to read me my rights in these cases?
Police must advise you of your rights when you are in custody and subject to interrogation. If they failed to do so, your statements may be inadmissible. Even when rights are read, officers must respect your request to remain silent or to speak with an attorney. Any violation of these rules can lead to suppression of statements. A defense lawyer analyzes the timing and context of all questioning.

Can online chat logs alone convict me?
Chat logs can be powerful evidence, but intent still must be proven. Words can be misunderstood, taken out of context, or incomplete. A confession often becomes the main tool prosecutors rely on to establish intent. If your confession is suppressed, the chat logs may not be enough. In addition, authenticity and accuracy of electronic evidence can be challenged.

What if I only said what the officers wanted because I was scared?
Fear, intimidation, fatigue, or confusion can make a confession involuntary. Courts consider the total circumstances, including your age, health, education, length of questioning, and conduct of the police. If your statement was the product of pressure rather than free will, it should not be used at trial. A private attorney presents these facts in court.

Will I have to register as a sex offender if convicted?
Many solicitation offenses require sex offender registration. That is one reason these cases must be defended aggressively. Avoiding conviction or reducing charges can avoid lifetime consequences. A private attorney works to prevent registration when possible by challenging the legality of the evidence and negotiating alternative outcomes.

What should I do if detectives want to “talk” to me again?
Do not answer questions without counsel present. You have the right to decline questioning. Even informal conversations can be used against you. A private attorney can communicate with law enforcement on your behalf and prevent additional statements from complicating your case.

Is it too late to challenge my confession if I already made one?
No. Many clients believe nothing can be done after a confession. In reality, confession challenges are often the heart of the defense. Courts suppress statements every year when they are obtained unlawfully. The sooner a private attorney reviews your case, the more options you have.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.