Human Smuggling & Trafficking
Human trafficking is defined by the United Nations Office of Drugs and Crime (UNODC) as the act of taking a person by using either force or coercion to exploit them for some reason. Simply put ― human trafficking is defined as modern human slavery, no matter whether for sexual, violent or work-related needs.
Elements of human trafficking cases
Just how does one determine what is considered to be human trafficking? According to UNODC, there are three main elements in human trafficking cases:
The Act of Trafficking; including the recruitment, transportation, transfer, harboring and receipt of persons illegally
The Means of Trafficking; involving threats, coercion, abduction, fraud, deception, abuse of a position of power, or even payment
The Purpose of Trafficking; the "why" behind the incident of human trafficking, for example, prostitution or another sexual purpose, labor, slavery or organ removal.
How law enforcement is involved in human trafficking cases
Due to the widespread media coverage of human trafficking ― particularly in the context of recent illegal border crossings ― the FBI, ICE and Homeland Security Investigations (HSI) have taken an invested interest into the investigation of cases relating to this type of crime. These agencies work closely with local law enforcement to crack down on this type of crime.
Don’t let your rights be violated. If you have been wrongfully accused of human trafficking or if you have reason to believe that you are under investigation for human trafficking, you need to act quickly to ensure that your legal rights are defended. This is not the type of criminal case to take lightly or shrug off, hoping it will just go away.
Which is why it's critically important to hire an experienced Federal criminal defense attorney to develop an effective defense strategy. For example, successful Federal prosecutions for alien smuggling, 8 U.S.C. § 1324(a)(1)(A)(i) require proof that defendant knew that the person brought to the United States was an alien. With regard to the other violations in 8 U.S.C. § 1324(a), proof of knowledge or reckless disregard of alienage is sufficient.
There is hope
I have vigorously represented many defendants accused of alien smuggling and human trafficking; particularly those involved in maritime human smuggling from the Caribbean and Latin America to the continental United States. I have extensive experience in crafting effective effective trial strategies, as well as objections to pre-sentence investigation reports, (PSR's), motions for downward departures, and motions for variant sentences.
If you or a loved one is arrested and charged with a Federal human trafficking or alien smuggling crime, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed. Be assured that our conversation is private and is protected under attorney-client privilege.
We are solely a Criminal Defense Law Firm. That's all we do and all we have done since 1987.