Human trafficking charges are the most serious and most stigmatizing in Texas with severe legal, personal, and social consequences. As a state with a big population and major transportation hubs, Texas is always in the national conversation about human trafficking. However, not every accusation is based on solid evidence, and defending against such charges requires a deep understanding of the law, the facts of the case, and the broader context of trafficking allegations.
In this blog, we’ll dive into laws on human trafficking in Texas, explore potential legal defenses against these charges, and discuss the role an experienced criminal defense attorney in The Woodlands can play in protecting your rights and building a strong defense strategy.
Understanding Human Trafficking in Texas Law
Laws on human trafficking in Texas are outlined in the Texas Penal Code Section 20A. Human trafficking includes both sex trafficking and labor trafficking. It involves the use of force, fraud, or coercion to exploit individuals for commercial sex acts, forced labor, or involuntary servitude.
Penalties for Human Trafficking in Texas
The penalties for human trafficking in Texas are severe. Convictions can lead to significant prison terms and hefty fines. The severity of the punishment often depends on the specifics of the case, including the age of the victim and the nature of the trafficking activities. For instance, trafficking minors, such as in cases of child sex trafficking, carries harsher penalties than trafficking adults. Additionally, repeat offenders may face increased sentences.
Potential Legal Defenses
Facing charges of human trafficking in Texas can be overwhelming. However, there are several potential legal defenses that may help the accused. Understanding these defenses is crucial for building a strong case. Traffickers can include various individuals, such as family members, intimate partners, and others within a victim’s social circle.
Lack of Intent
A common defense is arguing the absence of intent. The accused may claim they did not knowingly engage in trafficking activities. If there is no evidence of intent, the prosecution may struggle to prove their case.
Lack of Knowledge
Another defense is the lack of knowledge about involvement in human trafficking. The accused may argue they were unaware of any trafficking activities. This defense can be effective if the accused had no reason to suspect illegal actions.
Coercion or Duress
Coercion or duress is a defense based on being forced or threatened to participate in trafficking. If the accused can provide evidence of being under pressure or threats, this may negate their liability in the case.
Mistaken Identity
Mistaken identity can also be a strong defense. The accused may present evidence showing they were wrongfully identified as the trafficker. This defense relies on proving that another person committed the alleged crimes.
Entrapment
Entrapment occurs when law enforcement induces an individual to commit a crime they would not have otherwise committed. If the accused can show they were coerced into trafficking by law enforcement, this may lead to a dismissal of charges.
Insufficient Evidence
Challenging the credibility and sufficiency of the prosecution’s evidence is another defense strategy. Proper identification of trafficking victims by social service providers is crucial to ensure accurate and reliable evidence. If the evidence against the accused is weak or unreliable, it may not meet the burden of proof required for a conviction.
Continuous Trafficking Defense
The continuous trafficking defense argues that the alleged events did not occur over the required 30-day period. If the prosecution cannot prove this timeframe, the charges may be reduced or dismissed.
Consent of the Alleged Victim
While rarely successful, the defense of consent may apply in some cases. This argument asserts that the alleged victim willingly participated in the activities. However, it is important to note that this defense does not apply to minors.
Constitutional Violations
Finally, addressing any constitutional violations during the investigation, arrest, or evidence collection can be a strong defense. If law enforcement violates the accused’s rights, it may lead to the exclusion of evidence or dismissal of charges.
Role of a Criminal Defense Lawyer
Facing charges of human trafficking in Texas can be overwhelming. The stakes are high, and the consequences can be severe. This is why having an experienced criminal defense lawyer is crucial. A skilled attorney will help you navigate the legal process and build a strong defense against the accusations. Community involvement in supporting initiatives aimed to stop human trafficking is also essential.
Expertise in Human Trafficking Laws
A criminal defense lawyer understands the complexities of Texas human trafficking laws. They will analyze the specific charges against you and identify potential defenses. Their knowledge of legal precedents can significantly impact the outcome of your case.
Strategic Defense Planning
Your lawyer will create a personalized defense strategy based on the facts of your case. They will gather evidence, interview witnesses, and consult experts if necessary. This thorough preparation is essential for challenging the prosecution’s claims.
Protecting Your Rights
A defense attorney will ensure that your rights are protected throughout the legal process. They will address any violations that occur during the investigation or arrest. If your rights are compromised, your lawyer can argue for the dismissal of evidence or even the case itself.
Negotiating Plea Deals
In some cases, a plea deal may be an option. An experienced lawyer can negotiate with the prosecution to secure a more favorable outcome. This might involve reduced charges or lesser penalties, which can be crucial in protecting your future.
Representation in Court
If your case goes to trial, having a skilled defense lawyer is vital. They will present your case effectively, cross-examine witnesses, and challenge the prosecution’s evidence. Their courtroom experience can make a significant difference in the trial’s outcome.
Emotional Support
Facing human trafficking charges can be emotionally taxing. A defense lawyer provides not only legal support but also emotional guidance. They can help you understand the process and what to expect, reducing anxiety during this challenging time.
Additional Considerations
When facing charges of human trafficking in Texas, it is essential to understand the broader legal context, including civil remedies and asset forfeiture laws. These factors can significantly influence both the defense strategy and the potential consequences of a conviction.
Civil Remedies Available to Trafficking Victims Under Texas Law
Victims of human trafficking in Texas have access to various civil remedies. They can file lawsuits against traffickers for damages. This legal action may include compensation for:
- Physical and emotional harm
- Lost wages
- Medical expenses
- Legal fees
Texas law allows victims to seek punitive damages as well. This aims to deter traffickers and provide justice for those harmed. It is crucial for defendants to be aware that civil actions may run parallel to criminal cases, potentially increasing the stakes.
Impact of Asset Forfeiture Laws on Trafficking Cases
Asset forfeiture laws in Texas can significantly affect human trafficking cases. Law enforcement may seize assets believed to be connected to trafficking activities. This can include:
- Money
- Vehicles
- Property
The state can use these assets to fund anti-trafficking initiatives. Defendants should understand that asset forfeiture can occur even before a conviction. This adds another layer of complexity to the legal landscape. Defendants may challenge the seizure of their assets, arguing against the legality of the forfeiture.
Consult With an Experienced Woodlands Criminal Defense Lawyer ASAP!
If you or someone you know is being charged with human trafficking in Texas, don’t navigate this challenging legal battle alone. The stakes are too high, and your future depends on having the right defense. At Cowboy Law Group, our dedicated team of experienced criminal defense attorneys is here to fight for your rights and provide the support you need.
Contact us at 832-326-2932 for a free case consultation today!