Online Solicitation in Conroe


Five guys arrested in Montgomery County and charged with 33.021(c) online solicitation—not the portion of the statute that has been held unconstitutional, but the portion that should be. They all made bail (though one has a warrant pending); one of them has another case pending.

The lawyers who are hired or appointed on these cases need to give some serious thought to filing writs challenging the constitutionality of the statute, and then putting them on appeal. It is by no means clear whether their clients will benefit from the statute eventually being held unconstitutional if the lawyers don’t get their shit together now.

It’s crazy, this idea that a defendant can forfeit his right not to be prosecuted under a penal statute that violates the First Amendment. But there you have it: Karenev, my white whale.


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