The reason for this is interesting and you really wouldn't think about it unless you have the inside information. I defend a lot of human trafficking sex crime-related offenses in the Orange County California area. California Penal Code 236.1 defines the crime of human trafficking.
Then speaking to the prosecutors, one of the biggest things that causes many cases to be filed is the fact that there's a lot of youth coming into that area because of Disneyland and the prosecutors feel as though it's their job to make sure that the community and that area is protected.
Orange County Human Trafficking Task Force
They've got task forces out there looking for those individuals who are engaging in sex trafficking-related offenses. A lot of the crimes that I'm seeing prosecuted are internet-based. This is where people are putting up different profiles and advertising different social media applications in order to sell sex, and obviously selling sex is one thing.
The prosecutors will deal with those people who do that, but once you get into the area of under-age women being used to commit sex-related offenses, that's when they start talking about human trafficking which is a big broad mean term.
A lot of times it's not that serious or sinister what's going on, but it really allows them to throw out a big net when they're investigating human trafficking-related offenses and it gives them a lot more leeway to prosecute and arrest different people. They get search warrants for social media accounts, to surveil people — even the wire-tap people if they think that will assist in their investigation.
Human Sex Offenses are Aggressively Prosecuted
Today's political climate is allowing prosecutors a lot of room to use funds and resources towards investigating sex crime-related offenses and I'm telling you right now as I type out this post on my website, Orange County, Santa Ana is arresting people at a record pace who are involved in human sex offenses, sex crime trafficking and all relating offenses surrounding that.
So, if you or a loved one are charged with one of these offenses, you better get an attorney who knows what they're doing — who's handled these type of cases before. Because again, they are prosecuted by a very harsh District Attorney's office who has marching orders to stamp-out these type of crimes, obviously to protect the victims of these type of offenses.
So, in doing so, they're doling out prison sentences like it's candy and the judges a lot of time are backing them because of the age of the victims, because of the allegations related in the offense and just because of the political climate right now.
Sex-related offenses, specifically human trafficking in children are on the rise and those individuals who are charged a lot of times are already presumed guilty before one piece of evidence has been presented to anybody.
Sometimes the people are guilty. Sometimes they're not as guilty as what the prosecutors are claiming. Other times, they really haven't done anything wrong and they're being wrongfully accuse and wrongfully prosecuted. The Orange County prosecutor must be able to prove all the elements of the crime, depending on the specific charges.
See CALCRIM 1243 Jury Instructions for human trafficking cases and CALCRIM 1244 for causing a minor to engage in a commercial sex act.
Defenses for Human Trafficking Charges
So, that's what I get involved with in these human sex trafficking-related offenses is, I will sit down with a client and we will really get down to the nitty-gritty about what they did, what they didn't do, what they're responsible for o we can really figure out what our defense strategy is going to be.
Because it's one thing to say that you're not guilty and move through the process and accept the case for trial. That's pretty easy, but it's another thing to say, okay, I did something I shouldn't have done, but what these guys are accusing me of and claiming what I did is not completely true.
So, I need to show them that there's something else going on here and do what I would call damage control so I can end up with a result that's fair and reasonable, takes into account my rights, my freedom, my reputation and my criminal record.
Once we put all of that together and sit down and talk about it, then we can develop a plant that makes sense for you moving forward and then start to put the pieces in place as far as resolving your case in the best possible manner.