San Diego Human Trafficking Defense Lawyer

Defend Your Rights Against Human Trafficking Charges in San Diego

San Diego’s location on the southern U.S. border and its major international port make it a prime target for human trafficking crimes. The city’s extensive cross-border movement and high volume of goods facilitate clandestine operations, allowing traffickers to exploit the flow of people and commerce. This strategic positioning, combined with diverse transit routes, creates an environment where trafficking can thrive, forcing law enforcement to act vigilantly. Unfortunately, sometimes, the authorities get carried away when trying to enforce the law.

jD Law Criminal Defense Attorneys is led by founder James N. Dicks, a Certified Criminal Law Specialist by the California Board of Legal Specialization and former LAPD investigator. Attorney James is dedicated to defending those accused of human trafficking in San Diego.

The firm’s extensive experience provides robust defense strategies to protect your rights and fight for justice. Call a San Diego sex crime defense lawyer at (760) 630-2000 for a free consultation and secure top-tier legal representation today.

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Understanding Human Trafficking

Under California Penal Code § 236.1, human trafficking is defined as depriving or violating someone’s liberty with the intent to obtain forced labor, services, or to exploit them sexually.

Types of human trafficking include:

• Commercial Sex Trafficking: Commercial sex trafficking involves the exploitation of individuals through coercion, force, or deception to perform commercial sex acts. Traffickers often use threats, violence, manipulation, or false promises of legitimate employment to control their victims. Victims of commercial sex trafficking are frequently found in various locations, including brothels and massage parlors, street prostitution, and online platforms.
• Commercial Sex Trafficking of Minors: Minors are recruited and exploited for commercial sex acts through online advertisements or street prostitution, regardless of coercion.
• Forced Labor in Agriculture: Workers are trafficked and forced to work in agricultural fields under harsh conditions with little to no pay, often through debt bondage.
• Domestic Servitude: Individuals, often women, are trafficked and forced to work as domestic workers in private homes, with restricted freedom and without fair compensation.
• Labor Trafficking in Construction: Workers are recruited under false pretenses and forced to work in construction sites with dangerous conditions, low wages, and threats of deportation if they attempt to leave or complain.

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How San Diego Views Deprivation or Violation of the Personal Liberty of Another Person

Depriving another person of their personal liberty, as defined in California Penal Code § 236.1(h)(3), involves substantial and sustained restriction of an individual’s freedom through coercive means. The code states:

"Deprivation or violation of the personal liberty of another includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person."

This law outlines various forms of control that prevent individuals from freely making decisions or movements, often leading to situations of exploitation such as human trafficking or involuntary servitude.

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What Is Forced Labor or Services in San Diego and Throughout California?

Forced labor or services, defined under California Penal Code § 236.1(h)(5), refers to labor or services obtained or maintained through coercion, fraud, or other means that overbear the person’s will. The code states:

"Forced labor or services means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person."

This includes situations where individuals are compelled to work under threats, manipulation, or abusive conditions without their consent or under conditions they cannot easily escape.

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Defense Strategies Used in Human Trafficking Cases

Crafting a robust defense strategy to protect the rights of someone accused of human trafficking is a significant undertaking. Each defense strategy must be tailored to the specifics of each case and requires thorough investigation, presentation of evidence, and legal arguments tailored to the specific circumstances of the case to effectively challenge the prosecution’s allegations of human trafficking involving sexual exploitation.

Effective defense strategies for San Diego human trafficking cases involving sexual exploitation may include:

• Lack of Knowledge or Intent: Demonstrating that the defendant did not knowingly participate in or intend to engage in trafficking activities, perhaps due to misinformation or lack of awareness.
• Coercion or Duress Defense: Arguing that the defendant was coerced, threatened, or forced into participating in trafficking activities against their will and that they had no realistic alternative.
• Mistaken Identity or False Accusations: Providing evidence that the defendant was wrongly identified as the trafficker due to mistaken identity or fabricated allegations by others.
• Entrapment Defense: Asserting that law enforcement agents induced or coerced the defendant into committing trafficking activities that they would not have otherwise engaged in.
• Attack Elements of the Crime: Challenging the prosecution’s evidence to show that the alleged acts did not meet the legal definitions of depriving personal liberty or forcing labor/services, perhaps due to lack of substantial evidence or misunderstanding of circumstances.

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Consult Our San Diego Lawyer for Legal Support Against Human Trafficking Charges

Accused of human trafficking? jD Law Criminal Defense Attorneys is a firm that offers skilled defenses against serious charges. Led by James N. Dicks, a Certified Criminal Law Specialist and former LAPD investigator, our firm can provide strategic counsel to protect your rights.

Call (760) 630-2000 for a free consultation and personalized criminal defense advocacy today. Our experienced human trafficking attorney in San Diego can help.

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