Law enforcement agencies across the United States are ramping up their efforts to prosecute people they believe have been involved in or enabled human trafficking. These accusations are not taken lightly, and anyone convicted of these crimes may face hefty fines, lengthy prison sentences, and a poor reputation that lasts a lifetime.
If you are currently in this situation, it’s crucial to act quickly. Align yourself with an experienced human trafficking defense attorney, and they might be able to have your charges reduced or dismissed with some of the following defenses.
Illegal Search and Seizure
Law firms like Hunter, Lane & Jampala, Human Trafficking Lawyers will go through human trafficking evidence with a fine-tooth comb to ensure that law enforcement agencies did everything by the books to bring charges against you. Otherwise, they might be able to have your charges reduced or dismissed for an illegal search and seizure.
This means that a search and seizure was executed without probable cause or a legal search warrant signed by a magistrate or judge outlining what and who should be searched and seized. An unreasonable search and seizure defense might be enough to impact your case positively.
Authorities might have reason to believe that human trafficking has occurred, but a judge might dismiss a case if the available evidence is lacking and fails to meet the burden of proof. Sometimes, this dismissal can happen even before a defense presents their side. It’s crucial in any criminal case to prove a crime beyond a reasonable doubt to avoid punishing innocent parties, and insufficient evidence might make this challenging.
Lack of Probable Cause
The Fourth Amendment makes it clear that no warrants shall be issued unless there is probable cause, which means that police cannot receive a warrant, conduct a search, or make an arrest without meeting the definition of probable cause.
There must be a reasonable basis for believing a crime has been committed for an arrest or search to occur. Anyone arrested or charged without probable cause might be able to file a lawsuit for malicious prosecution or false arrest.
No Violation of Liberty
Depending on your individual circumstances, your lawyer might believe you can use no violation of liberty as a strong defense. This means that the alleged victim was free to leave your employment or care at any time, and you didn’t say or do anything to make them believe they had to stay. While every human trafficking case is different, this might be a strong defense if you can prove that there was no deprivation or force of any kind.
Being accused of a crime like human trafficking can cause a great deal of stress, especially when you don’t believe you’re guilty of that crime. Your chosen defense lawyer might use false accusation as a defense, especially if the alleged victim had a motive to accuse you of such a crime, like revenge or anger, to try to gain favorable treatment in the eyes of the law.
While human trafficking charges are severe, that doesn’t mean you’re guilty of the crimes you’ve been charged with. When you make contact with a human trafficking defense lawyer, you might be able to use any of these defenses above to have your charges reduced or dismissed.