Human trafficking is an incredibly serious crime that may lead to years behind bars. If you or someone you know has been accused of or charged with human trafficking, call an experienced attorney immediately. There might be several ways in which we can help you challenge the charges and defend yourself.
Human trafficking generally involves luring or forcing others into providing services for others. The services might be general labor or sexual services. Some are kidnapped and forcibly trafficked while others are lured or enticed with the promise of controlled substances. Human trafficking may happen under a variety of circumstances, which might also determine how you are charged. An attorney can help you fight the charges and hopefully clear your name. Maybe you were unaware that you were involved in a trafficking scheme. Maybe you were also being trafficked and forced to cooperate. Whatever the case might be, tell your attorney immediately.
For a confidential review of your case for no charge, call our human trafficking attorneys at the Law Offices of John J. Zarych at (609) 616-4956.
What is Human Trafficking and How Might Someone Be Charged in Atlantic City?
You have probably heard stories in the news about human trafficking, and it can be a very scary thing to experience. Generally, it involves kidnapping, but not always. While some are taken by force and trafficked, others are lured into it or willingly go along with it. Often, these people are participating because traffickers are supplying them with drugs or because they were tricked.
People may be taken or lured into a trafficking scheme where they are given or sold to others to provide labor or sexual services. Human trafficking is often reported in the news as large schemes or trafficking rings involving national and international players. While this is a possible example of human trafficking, it is not the only one.
A person may be charged if they are involved in much smaller schemes. For example, one person might be charged with human trafficking if they force even just one person in Atlantic City into forced labor or sexual servitude. If you stand accused of such a crime, our human trafficking lawyers can review the evidence and help you clear your name.
How Criminal Charges for Human Trafficking in Atlantic City Are Evaluated
Again, human trafficking charges are complicated. These cases tend to come with numerous suspects and victims, and the overall scheme might be highly complex. In many cases, people are caught up in trafficking schemes, completely unaware of what is really happening.
Human Trafficking
The offense of human trafficking is explained in detail under N.J.S.A. § 2C:13-8(a)(1). The offense involves knowingly harboring, luring, enticing, recruiting, obtaining, transporting, or providing another person, by any means, to perform some sort of labor or sexual service.
The nature of the offense may vary from case to case. You might be charged if you are accused of forcing someone into human trafficking by causing or threatening to cause serious physical injury or restraint. You might also be charged if you cause a victim to believe that someone else will get hurt if they do not cooperate.
Trafficking often involves transporting victims and making it difficult for them to escape. A suspect may be charged if they allegedly destroy passports or immigration documentation that might otherwise allow the victim to leave or be identified.
Under subsection (b) of the law stated above, human trafficking is a first-degree crime punishable by at least 10 years in prison but not more than 20 years.
Acting Behind the Scenes
According to subsection (a)(2), a person may be charged with human trafficking even if they are not directly involved with the taking or moving of victims. You might be charged if you participate in an overall trafficking plan or scheme as an organizer, manager, supervisor, or financier. It is not unusual for people to find that they have been unknowingly supporting a human trafficking scheme.
Trafficking Minors
Unfortunately, many victims of human trafficking are minors. According to subsection (a)(3), if a defendant knowingly trafficking a child younger than 18 to engage in sexual activities, they may face human trafficking charges. These charges apply even if the defendant was under the mistaken belief that the child was an adult, even if the belief is reasonable.
Possible Defense Strategies for Human Trafficking Charges in Atlantic City
While human trafficking tends to make headlines, and defendants might not find much sympathy from the local community, they still have a right to defend themselves. An attorney can help you determine the most effective defense tactics for your specific case.
Lack of Evidence
Perhaps you are charged with human trafficking, but the authorities do not have enough evidence to secure a conviction. In a criminal trial, prosecutors must prove the case beyond a reasonable doubt. This is a very high burden to meet, requiring a lot of evidence. If we believe that there is simply not enough evidence to meet the burden of proof, we can file a motion with the court to dismiss the case for insufficient evidence. Even if the judge disagrees and allows the trial to proceed, we can argue the point of insufficient evidence to the jury and hopefully convince them to acquit.
Lack of Intent
We should also consider your intent in the alleged crime. To be convicted, a defendant must have knowingly participated in a human trafficking scheme. If you were unaware that the services or financing you provided were being used for human trafficking, tell your lawyer right away. If we prove that you were unaware of what was happening, we might convince a jury to acquit.
You Were Also Trafficked
It is common for traffickers to use victims to further human trafficking plans. For example, someone might coerce a current trafficking victim to lure or entice new victims into the scheme. If you were also a victim of human trafficking, you might have a strong defense.
According to N.J.S.A. § 2C:13-8(c), it is an affirmative defense to human trafficking charges if you were also being trafficked during the time your alleged offense occurred. An affirmative defense may allow you to justify or excuse your actions legally. In many cases, prosecutors are willing to offer immunity to victims who testify against the real trafficking ring leaders.
Speak to Our Atlantic City Human Trafficking Attorneys for Legal Help Today
For a confidential review of your case for no charge, call our human trafficking attorneys at the Law Offices of John J. Zarych at (609) 616-4956.
