Last Updated on: 21st October 2023, 08:28 am

How a Federal Crimes Attorney Can Get Your Human Trafficking Charges Dismissed

Being charged with human trafficking is an extremely serious federal crime that can result in decades behind bars. But just because you’ve been charged, doesn’t mean you’re guilty or will necessarily be convicted. An experienced federal crimes attorney can analyze the evidence against you, identify any police misconduct or other procedural issues, and build a strong defense to get your charges reduced or even dismissed.

Understand the Elements of Human Trafficking

The first thing a knowledgeable attorney will do is closely examine the specific charges against you. There are a few main human trafficking crimes:

• Sex trafficking of minors or by force, fraud, or coercion
• Forced labor trafficking
• Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor

To prove these charges, the prosecution must show very specific elements. For example, with sex trafficking of a minor, they must prove you knowingly recruited, enticed, harbored, transported, provided, obtained, advertised, maintained, patronized, or solicited a minor (under 18 years old) to engage in a commercial sex act. If they can’t provide concrete evidence of any single element, that could be grounds for dismissal.

Challenge the Evidence

After reviewing the charges, your attorney will dig into the evidence. This may include witness statements, documents, online communications, financial records, and more. They will look for any weaknesses or inconsistencies that could undermine the prosecution’s case.

For example, if a key witness seems unreliable or changed their story, your lawyer can challenge their credibility. If the prosecution is relying heavily on circumstantial evidence that could have innocent explanations, your attorney can highlight reasonable doubt. Any sloppy police work, like mishandling evidence or coercing statements, could also lead to suppression and dismissal.

Raise Affirmative Defenses

Beyond contesting the prosecution’s evidence, your lawyer can also raise affirmative defenses that excuse otherwise illegal conduct. For human trafficking charges, common defenses include:

• Duress – You only committed the acts because of threats of serious harm against you or a loved one.
• Entrapment – The government induced or persuaded you to commit crimes you otherwise wouldn’t have.
• Self-defense – Your actions were necessary to protect yourself or someone else from imminent harm.

If your attorney can demonstrate you acted under duress or were entrapped, the judge may agree to dismiss the charges. But your lawyer will need compelling evidence to prove these defenses.

Negotiate a Plea Deal

If your lawyer doesn’t think they can get your charges dismissed entirely, they may be able to negotiate a plea deal. This involves pleading guilty to a lesser charge in exchange for a lighter sentence. For example, pleading to a single count of transporting a minor rather than multiple trafficking counts. A skilled negotiator can get charges reduced significantly or even avoid prison time.

File Pretrial Motions

Your attorney can also file pretrial motions asking the judge to dismiss your case or suppress evidence before it ever reaches trial. For example, they could file a motion to dismiss for outrageous government conduct if the police used extreme and inappropriate methods. Or they could seek to suppress evidence from an unlawful search or interrogation. If the judge grants these motions, your charges could get dismissed without a full trial.

Take It to Trial

If your case proceeds to trial, an experienced litigator can question witnesses and present evidence to sow those seeds of reasonable doubt. They will highlight every inconsistency, contradiction, gap, and weakness in the prosecution’s case. Your lawyer’s closing argument will then explain precisely why the evidence fails to prove your guilt beyond a reasonable doubt. If even one juror agrees, you could win a full acquittal and walk away free of all charges.

Understand the Consequences

While dismissal is possible, your attorney will be upfront about potential outcomes. Trafficking charges can lead to mandatory minimum sentences of 10 or 15 years in prison. Your record, criminal history, cooperation, and other factors will impact your sentence if convicted. Knowing the realistic consequences will help you make informed decisions when weighing options like plea deals.

Act Fast

Don’t wait to consult an attorney if you’re facing trafficking accusations. Early intervention gives your lawyer more time to build a stronger defense. They can send investigators to interview witnesses while memories are fresh. Or file motions to preserve evidence before it disappears. The longer you wait, the harder it becomes to get charges dismissed.

Facing federal criminal charges is daunting. But an experienced attorney who understands human trafficking laws can thoroughly analyze the evidence against you, identify procedural issues, and build a compelling case for dismissal. While securing a full acquittal is never guaranteed, an effective lawyer can give you the best possible chance of clearing your name.

References

18 U.S. Code § 1591 – Sex trafficking of children or by force, fraud, or coercion

Common Defenses in Human Trafficking Cases – Department of Justice