Miami Human Trafficking Lawyers
Fighting Human Trafficking Charges
A human trafficking offense generally involves actions intended to exploit another individual, often through illegal transport, trafficking, or other coercive methods. In many cases, other crimes such as kidnapping and extortion may be employed in an effort to traffic individuals for slave labor or sexual exploitation. These serious criminal charges can impact an individual’s personal and professional life. Florida law and federal regulations prohibit such actions, treating any conduct to exploit others with the highest level of legal scrutiny.
Miami’s unique geographic location, proximity to international borders, and status as a critical entry point make it a focal area for these offenses. Because of this, state and federal authorities closely monitor and prosecute human trafficking cases within Miami and throughout Florida. Individuals charged under these laws face complex legal challenges and severe penalties, underscoring the need for experienced legal representation.
At Hager & Schwartz, P.A., our commitment to defending clients against human trafficking charges runs deep. As former Florida state prosecutors, we have an inside understanding of how these cases are handled within the legal system. We recognize how deeply a criminal charge can disrupt lives and are prepared to stand firmly by our clients throughout the process. With our prosecutorial background, we strategically leverage our insights and resources to seek favorable outcomes, providing the robust defense our clients deserve.
If you or a loved one is facing a human trafficking charge under Florida or federal jurisdiction, call (786) 706-2175 to schedule a free consultation and discuss your case.
What Constitutes a Human Trafficking Offense?
Under Florida Statutes § 787.06, a human trafficking offense involves various actions taken to exploit another person, including transporting, recruiting, enticing, harboring, or obtaining an individual for purposes of exploitation. This exploitation may manifest in numerous ways, including forced labor or coercion into commercial sex acts, often under severe conditions and with limited freedom. Such offenses encompass a range of unlawful activities, from human smuggling to sex trafficking, with the central element being the exploitation of the individual involved.
Examples of Actions Leading to Human Trafficking Charges in Florida
Criminal charges can stem from actions such as facilitating human smuggling activities across state or national borders or recruiting individuals under false pretenses to exploit them for labor or other involuntary servitude.
For instance, a person could face these charges if found transporting individuals with the intent to subject them to forced labor, coerced acts, or situations of sexual exploitation. Each instance underscores the severe and multifaceted nature of these offenses, which often involve careful investigation and prosecution by state and federal authorities.
Federal Human Trafficking Offenses
Human trafficking offenses can be prosecuted under state and federal law, depending on the specifics of the alleged crime.
Federal statutes impose severe penalties for similar offenses under distinct categories:
- 18 U.S.C. § 1589: Covers forced labor, where an individual is compelled to perform labor through threats, physical restraint, or tactics designed to instill fear of serious harm.
- 18 U.S.C. § 1590: Addresses trafficking for involuntary servitude, involving knowingly harboring or recruiting an individual to exploit them through forced labor or services.
- 18 U.S.C. § 1591: Specifically focuses on trafficking individuals, particularly children or adults who were coerced, for commercial sexual activities, including acts induced through force, fraud, or manipulation.
Understanding the differences in state and federal statutes is critical, as each level brings unique elements, implications, and sentencing guidelines that may affect a defendant’s case and potential outcomes.
The Penalties for Human Trafficking in Florida
Florida law imposes severe penalties for human trafficking offenses, reflecting the serious nature of these crimes. Depending on the specifics of the offense, including the victim’s age, vulnerability, and the type of exploitation involved, charges may range from first-degree to life felonies.
- Life felony: In cases where the offense involves exploiting a child for sexual activities or targeting individuals with mental incapacities, alleged offenders face a felony life charge, which can lead to life imprisonment.
- First-degree felony: Offenses that involve child trafficking or forced labor/sexual exploitation of an adult through coercion are often charged as first-degree felonies. These charges carry sentences of up to 30 years in prison, though some circumstances can elevate the punishment to life imprisonment.
The penalties for similar federal crimes can range from 10 years to life, particularly for severe cases involving the trafficking of vulnerable individuals or exploitation through force, fraud, or coercion.
Additional Consequences for a Trafficking Conviction
Those convicted of human trafficking offenses may face additional legal consequences besides lengthy prison sentences and steep fines. In some instances, federal prosecutors may add racketeering charges, particularly if the offense involved organized crime networks or repeated offenses that point to systematic exploitation. Racketeering charges can compound sentencing and lead to additional fines, asset forfeitures, and increased jail time.
Strategic Defense Approaches to Florida Human Trafficking Charges
Facing a human trafficking charge can be overwhelming, but various defense strategies may be available based on the unique aspects of each case.
Experienced federal defense attorneys may explore defenses such as:
- Lack of intent, where the accused’s actions were misinterpreted or did not involve the intent to exploit or coerce.
- Mistaken identity, mainly when multiple individuals are involved, and it’s unclear who committed specific acts.
- Insufficient evidence if the prosecution’s case lacks the concrete proof needed to establish guilt beyond a reasonable doubt.
The Importance of a Customized Defense Strategy
A successful defense for labor trafficking or sex trafficking charges often requires a tailored approach, as each case presents its circumstances. Factors such as the individuals involved, the evidence presented, and the nature of the alleged offense all play a role in determining the most effective defense strategy.
A cookie-cutter defense approach does not suffice; instead, the defense must align with the specifics of the charges, aiming to reduce or even dismiss the allegations when possible.
Why Skilled Legal Representation Is Critical
The complexities of human trafficking charges make it critical to work with an experienced federal criminal defense attorney. Navigating these cases involves understanding intricate legal standards and procedural requirements, especially when facing severe consequences such as lengthy prison sentences or substantial fines. A human trafficking defense lawyer can work to protect your rights, identify weaknesses in the prosecution’s case, and advocate for a fair resolution.
How Our Team Can Help Fight Charges
At Hager & Schwartz, P.A., we provide a full range of defense services designed to tackle every angle of a human trafficking charge. We begin with an in-depth investigation, analyzing the evidence and examining every detail to identify potential weaknesses in the prosecution’s allegations. This groundwork is followed by meticulous case preparation, where we compile facts, gather witness testimony, and develop a tailored defense strategy.
If a plea deal is in your best interest, we’ll pursue negotiation with the prosecution to seek a favorable agreement. However, if your case proceeds to trial, our human trafficking attorneys are prepared to provide strong courtroom representation, advocating on your behalf at every step.
You don’t have to face a human trafficking charge alone. Schedule a consultation with a member of our Miami team to explore your legal options. Call (786) 706-2175 today.
