TITUSVILLE, Fla. -- State Rep. Bob Allen will appear in court on Monday but likely will not take the stand as his attorneys argue to have the charge and evidence dropped in his prostitution solicitation case, Local 6 News partner Florida Today reported.

Judge Oscar Hotusing will decide whether the evidence presented in the case constitutes a crime.

Police said Allen agreed to pay $20 to perform oral sex on an undercover officer in a Titusville park restroom July 11, a charge the seven-year lawmaker has vehemently denied.

Whether Allen testifies in the 2:30 p.m. hearing depends on what the state attorney's office presents, said Greg Eisenmenger, one of his attorneys.

Allen would only be called if needed to rebut testimony from prosecution witnesses, Eisenmenger said.

"I doubt it will be necessary unless they change their testimony," Eisenmenger said.

It is not clear whether the officers involved in Allen's arrest will testify.

Allen's defense has argued he did not commit a crime because it was the arresting officer who suggested the sex act and the dollar amount.

Also at issue is whether Titusville police officers violated Allen's constitutional rights.

The defense claims officers did not read Allen his Miranda rights before questioning him and continued to interview him after he asked for an attorney.

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