Tampa Human Trafficking Defense Lawyer

If you have been arrested and accused of a human trafficking crime in Tampa, the situation is serious. With Florida consistently ranking among those with the highest number of reported cases in the United States, prosecutors will do everything possible to convict you.

You can be found guilty of human trafficking if you have participated in harboring, recruiting, soliciting, or transporting human beings for profit. By definition, human trafficking involves the recruitment, transport and transfer or receipt of a person by using force, threats or other coercion tactics for the purpose of exploiting them. Often times kidnapping, extortion or other abduction techniques are employed in order to acquire people for slave labor or sexual exploitation purposes. The crime encompasses both sex and labor trafficking and carries severe legal consequences for those accused.

The actual transportation of an individual is not required for an act to be considered as human trafficking. The main focus is on the exploitation of individuals, most commonly women and children, for sex or labor purposes, and coercion most often would be involved as well. In some cases, legal issues surrounding trafficking may intersect with drug-related offenses. Many times, other charges are filed in conjunction with human trafficking charges, and there may be federal charges as well. A conviction can mean not just jail time and fines; it can bring mandatory registration as a sexual offender and a permanent criminal record that will negatively impact your reputation, career, personal relationships, and the ability to receive housing and educational benefits in the future. This is not something you should face without help from the best defense you can find from an attorney familiar with federal cases.

Why Choose Taracks & Associates?

Due to the seriousness of the crime, if you or a loved one are being investigated or have been charged with human trafficking, the attorney you choose to represent you can make a great deal of difference for your future. Here are some reasons to choose our firm:

• We are experienced. With more than 30 years of experience on our side and an impressive record of success in defending and representing our clients, our Tampa lawyer is equipped to handle all types of cases, including the most serious of felony offenses.
• Barry Taracks has a long history of practicing in both state and federal courts. He has handled more than 10,000 cases and has acted as lead attorney in more than 185 jury trials.
• We know criminal law from both sides. With years of professional experience as a criminal defense attorney in Tampa, your defense team from Taracks & Associates includes the former head of the Sex Offender Division of the Hillsborough County State Attorney’s Office. As a former prosecutor, your defense attorney understands how the other side will build and present their case, so we are well-prepared to create a strategic defense to protect your rights and future.
• We constantly strive to become more educated and informed in our field of practice. For example, Mr. Taracks became certified to operate the Intoxilyzer 5000, a device used to determine if driving under the influence of alcohol.
• We provide a personized approach to our clients, preparing each case as if it’s going to go to trial and ensuring that every legal avenue is explored.
• We offer free consultations to discuss the circumstances of your case and determine the best way to defend you.

Human Trafficking Lawyer Explains What Is Considered Human Trafficking in Florida

Under Florida Statute § 787.06 F.S., Florida finds that human trafficking is a form of modern-day slavery. The law states that “human trafficking” includes transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, obtaining another person for the purpose of exploitation, which can be labor, services, or commercial sexual. Key elements of the law include the determination that victim exploitation often involves force, fraud, coercion, or abuse of power.  Any commercial sex with a minor less than 18 is automatically trafficking, regardless of coercion such as physical force or threats or confinement, drugging, or isolation.

Human Traffic Defense Lawyer Explains Penalties

Human trafficking for commercial sex or labor is a first-degree felony, punishable by up to 30 years in prison or life if minors are involved. Convictions often include heavy fines, lengthy probation, and mandatory registration as a sexual offender.  Federal law also imposes strict penalties, including life imprisonment for the most egregious offenses, especially those involving minors or aggravating factors such as sexual abuse or death.

The penalty a convicted person faces depends on the level of participation and the case circumstances. The State of Florida considers human smuggling a second-degree felony that attracts one or a combination of the following penalties:

• 15 to 13 years imprisonment
• Maximum 30 years’ probation
• Life registration as a sexual offender
• Federal felony convictions
• Maximum fines of $10,000.

Florida penalties increase under circumstances that include whether coercion was used, whether there was transportation for commercial sex, services, and labor, and if the victim was a minor, mentally disabled person, or unauthorized alien. If victims were minors or mentally disabled, it is considered a life felony in most cases that brings a 5½ years minimum sentence and up to life imprisonment. There are also aggravating factors that include causing great bodily harm, permanent disfigurement and transporting minors across state lines for sex that can elevate charges. Civil Racketeering (RICO) charges are possible if part of organized crime network, and charges may also be federal offenses.

Defenses Our Tampa Human Trafficking Lawyer May Use

If you’re facing human trafficking charges in Florida, all is not lost. The prosecution has to prove you are guilty beyond a reasonable doubt. There are several defenses that our skilled criminal defense attorney may use, depending on the facts of the case. These include:

• Lack of Intent. Prosecutors must prove you knowingly engaged in trafficking for exploitation. If your actions were unintentional or unrelated to coercion or exploitation, you may have a strong defense.
• Mistaken Identity or False Accusation. You may be wrongly identified or accused by a victim or co-defendant.
• Consent. For adult victims only, consent may be relevant if the alleged adult victim willingly engaged in labor or services and there was no evidence of coercion, force, fraud, or deception.
• Violation of Constitutional Rights. Police misconduct can lead to evidence being suppressed if there were unlawful searches or seizures, coerced confessions, or lack of Miranda warnings.
• Insufficient Evidence. If evidence is circumstantial, inconsistent, or lacks credibility (e.g., unreliable witnesses), charges may be reduced or dismissed.
• Entrapment. If law enforcement induced you to commit a crime you would not otherwise have committed.

How a Florida Human Trafficking Lawyer Can Help

If you have been accused of human trafficking, an experienced attorney can help by:

• Conducting thorough investigations of what happened by Interviewing witnesses, challenging the credibility of the accuser, and investigating the background of the alleged victim and co-defendants.
• Making legal motions such as filing to dismiss unsubstantiated charges and suppressing illegally obtained evidence.
• Negotiating with Prosecutors to seek charge reductions and work out favorable plea deals to avoid mandatory minimums or sex offender registration.
• Defending you at trial.
• Protecting your reputation by working to seal or expunge records if applicable and managing media exposure in high-profile cases.

Get Help from a Tampa Human Trafficking Defense Lawyer at Taracks & Associates

Anyone facing charges of human trafficking must take steps to ensure their rights are fully protected. At Taracks & Associates, founding attorney Barry Taracks is a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by making sure your rights are protected, challenging the credibility and reliability of the evidence against you, and building a defense tailored to your individual situation.

Our Tampa defense team provides solid advice and guidance every step of the way. We are committed to delivering legal representation with honesty and integrity and will maintain open communication throughout your case, providing updates, and giving straightforward answers to your questions.