• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Criminal solicitation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

the vet

Junior Member
What is the name of your state (only U.S. law)? Pa.

I've read the definition of criminal solicitation, it's pretty straight forward. However, the one section of the definition is the section on intent.

Let me explain my story and perhaps someone can clarify.

My furnace at my house burned out so I had a plumber take a look at it. After a brief look he mentioned to me thatt it its too bad my house didnt burn down and I responded that it isnt too bad the entire neighborhood didnt burn down.

The next day I replaced this plumber with someone I knew who was doing it at a better price. Our job was legit, we had permits etc..well, the old plumber gets pissed off and goes to the police making a statement that I had my house rigged to blow uo the neighbors house. 2 days later I was arrested on criminal solicitation to commit a catastrophe.

Do any of the experienced members of the board believe these charges will hold?
 


CdwJava

Senior Member
Here is the section, I believe:

§ 902. Criminal solicitation.
(a) Definition of solicitation.--A person is guilty of
solicitation to commit a crime if with the intent of promoting
or facilitating its commission he commands, encourages or
requests another person to engage in specific conduct which
would constitute such crime or an attempt to commit such crime
or which would establish his complicity in its commission or
attempted commission.
(b) Renunciation.--It is a defense that the actor, after
soliciting another person to commit a crime, persuaded him not
to do so or otherwise prevented the commission of the crime,
under circumstances manifesting a complete and voluntary
renunciation of his criminal intent.​
The state will have to show that you intended to commit some sort of crime and commanded, encouraged, or requested the aid of another in the commission of that crime.

The state will essentially to show, also, that your goal (your intent) was to commit this crime and you wanted the assistance of this man to help you accomplish the task.
 

the vet

Junior Member
testimony

But whose testimony will they eventually believe, are you saying this could actually go to trial with this moron saying i wanted to blow up my own house?

A case like this should be dismissed at preliminary on my testimony outweighing his. I dont think its a question of credibility either, you cant go along making reports that john doe is going to highjack a plane when john doe doesnt even know how to fly a plane.
 

CdwJava

Senior Member
But whose testimony will they eventually believe, are you saying this could actually go to trial with this moron saying i wanted to blow up my own house?
Yes, they could go to trial with his testimony. That's what these sorts of cases often rely on. Though it would help if the investigation could determine a motive. So, if it goes to trial, I think it safe to assume that the state has more than the plumber's statement.

A case like this should be dismissed at preliminary on my testimony outweighing his. I dont think its a question of credibility either, you cant go along making reports that john doe is going to highjack a plane when john doe doesnt even know how to fly a plane.
What YOU think is irrelevant. What a judge would think is the only thing that would matter at such a hearing. And the issue of credibility is one for the trier of fact (the court and the jury) and not what YOU think is credible.

If questioned or charged, consult legal counsel immediately.
 

the vet

Junior Member
solicitation

Whose motive, mine or the plumbers. There was no motive on my part, I had absolutely never made the comments to begin with. The motive on the plumbers part is the fact he lost out on a job. I had or have no reason to blow my own or my neighbors house up. I remodeled my house on my own. I've probably put $15,000 of my own money and close to 400 hrs of my own time into fixing this house up over the past several days.

I just find these sort of investigations frivilous. How can you take one mans statement alone. We never talked about money, there was no recording of our conversation, I pulled a legitimate permit to have the job done in the first place. I guess the proper forum for talking about my case will come down to a court room and not an online message board. Although your free advise on here by most members has always been good.

As far as calling an hvac guy and not a plumber. My house is steam heat which is basically all plumbing and not forced air heat which is mostly ducts and hvac, so please dont respond with criticism or as stupidly as the guy earlier did. People on here have serious matters and important things on their mind.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top