Human Trafficking Defense Lawyer Chicago, Illinois

Human Trafficking Defense Lawyer in Chicago, Illinois Serving All of Cook County

Human trafficking allegations in Chicago and throughout Cook County demand an immediate, aggressively legal response. Prosecutors devote significant resources to these cases, and a conviction can result in decades behind bars.

At Combs Waterkotte, we know that every criminal case has two sides. Allegations of human trafficking can involve mistaken identities, false accusations, unreliable witnesses, or other evidence that fails to tell the whole story. Our legal team is ready to take the time to understand your circumstances and help you take on the charges against you.

When you hire Combs Waterkotte, we start with a free, confidential consultation and immediately get to work examining the evidence, interviewing witnesses, and evaluating whether your rights were violated during the investigation or during your arrest. While we build your defense, we’ll always stay prepared for trial while taking every opportunity to get your charges reduced or dismissed.

If you’re facing human trafficking charges in Chicago or anywhere in Cook County, don’t wait to secure experienced legal representation. Call Combs Waterkotte today at (314) 900-HELP or contact us online to discuss your case and begin building your defense.

Human Trafficking Definitions Under Illinois Law

Before you can understand what constitutes human trafficking under Illinois law, first, it’s essential to understand several definitions around the offense under Illinois’s human trafficking statute. The law defines the following terms:

• Intimidation — The statute defers to the definition as laid out in 720 ILCS 5/12-6
• Commercial sexual activity — A sex act where anything of value is given, promised, or received
• Company — A sole proprietorship, organization, association, corporation, or their subsidiaries that exist to make a profit
• Financial harm — Intimidation that brings financial loss or contracts that violate the Frauds Act
• Labor — Work of economical or financial value
• Maintain — (In relation to labor or services) To secure continued performance of something
• Obtain — (In relation to labor or services) To secure performance of something
• Serious harm — Any harm, whether physical, psychological, financial, or reputational, that would compel a reasonable person in the same circumstances to avoid that harm
• Services — Activities between a person and an actor where the activities performed by the person benefit the actor
• Sexually-explicit performance — A live or recorded broadcast (including over the internet) or public act intended to arouse sexual desire
• Trafficking victim — Anyone subjected to:
  • Involuntary servitude
  • Involuntary servitude of a minor
  • Trafficking in persons

These definitions—particularly the last one—segue nicely into understanding just what human trafficking actually is according to Illinois law.

What Is Human Trafficking Under Illinois Law?

The Illinois human trafficking statute, 720 ILCS 5/10-9, defines three human trafficking-related offenses under Illinois law. They include:

• Involuntary servitude
• Involuntary sexual servitude of a minor
• Trafficking in persons

Each of these offenses involves forms of threat or coercions to achieve certain things, and each comes with a range of felony-level penalties.

Involuntary Servitude

In the state of Illinois, involuntary servitude includes knowingly subjecting or engaging in a conspiracy to subject another person to labor or services obtained through any of the following:

• Causing or threatening physical harm
• Physically restraining or threatening to restrain someone
• Abusing or threatening to abuse the law or a legal process
• Destroying or attempting to destroy someone’s passport or other immigration documentation
• Intimidating or abusing a position of trust by using or depriving someone of alcohol or controlled substances
• Making someone believe that if they don’t partake in the services that they or someone else will suffer serious physical harm

Depending on which of these offenses a person commits with regard to involuntary servitude, they can be charged with a Class X, Class 1, Class 2, Class 3, or Class 4 felony.

Involuntary Sexual Servitude of a Minor

Involuntary sexual servitude of a minor is another form of human trafficking under Illinois law. According to the statute, this occurs when someone recruits or entices a person under 18, knowing the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography.

The law also maintains that someone is guilty of this offense when:

• There is no overt force or threat and the minor is between 17 and 18 years old
• There is no overt force or threat and the minor is under 17 years old
• There is an overt force or threat involved

Whatever the circumstances, involuntary sexual servitude of a minor is a Class X felony in Chicago and Cook County, carrying a possible prison sentence between 6 and 30 years.

Trafficking in Persons

The trafficking in persons portion of Illinois’s human trafficking statute is meant to target individuals involved in providing or benefiting from providing individuals for trafficking. According to the statute, trafficking in persons occurs when someone knowingly:

• Recruits, entices, or harbors another person knowing they will be subjected to involuntary servitude, or
• Benefits financially for participating in a venture involving involuntary servitude or sexual servitude of a minor

Trafficking in persons is a Class 1 felony under Illinois law, a conviction for which can result in a prison sentence between 4 and 15 years.

Aggravating Factors and Sentencing Considerations in Chicago Human Trafficking Cases

The Illinois human trafficking statute includes certain aggravating factors related to human trafficking and special sentencing consideration depending on the scope of the offense. Under the law, offenders are automatically charged with a Class X felony for human trafficking offenses involving:

• Kidnapping or attempted kidnapping
• Aggravated criminal sexual assault or attempted aggravated criminal sexual assault
• Attempted first degree murder

Chicago and Cook County judges are allowed to consider enhanced sentences in human trafficking cases. This may happen in the following instances:

• Defendants may be subject to extended-term sentencing if victim(s) suffer bodily injuries
• The court can increase penalties for victims held:
  • Between 180 days and 1 year
  • For 1 year or longer
• The court can also take the number of victims into account and provide substantially increased sentences for cases involving 10 or more victims
• The court may also take the age of the alleged victim(s) into account

Criminal Defense Strategies Used in Chicago Human Trafficking Cases

Given the severe penalties involved in Chicago human trafficking charges, anyone arrested for the offense should seek an experienced lawyer as quickly as possible. At Combs Waterkotte, we build defenses for individuals charged with human trafficking using the following criminal defense strategies.

Lack of Evidence of Force, Fraud, or Coercion

Under Illinois law, human trafficking charges depend on the prosecution proving that force, fraud, threats, or coercion were used to obtain labor, services, or commercial sexual activity. Defense attorneys can challenge whether the evidence actually demonstrates coercive conduct or whether it reflects a voluntary relationship. By scrutinizing witness statements, communications, financial records, and police reports, the defense can argue that the state can’t prove force beyond a reasonable doubt.

Lack of Knowledge or Intent to Participate in Trafficking

Many Chicago area human trafficking offenses require proof that a defendant knowingly engaged in or benefited from trafficking-related activity. A defense strategy may focus on showing the accused lacked knowledge or any alleged trafficking scheme or had no intent to assist with unlawful conduct. This defense is especially relevant in cases involving business owners, managers, landlords, or individuals in similar positions accused of assisting in the trafficking. Demonstrating a lack of awareness can undermine criminal charges.

Challenging the Credibility of Witness Testimony

Human trafficking prosecutions usually rely on testimony from alleged victims, witnesses, or co-defendants who have been offered a deal in exchange for testimony. Defense attorneys can examine inconsistencies in prior statements, conflicting accounts of events, or motives that may influence any of the witness’s testimony. By bringing credibility concerns to light, the defense can raise questions about the reliability of the evidence against the accused.

Mistaken Identity or Wrongful Accusation

Human trafficking investigations typically involve multiple subjects, extensive digital evidence, and large-scale law enforcement operations. Sometimes, individuals may be wrongly identified as participants in the criminal activity. A defense strategy may focus on proving that the defendant was not the person involved in the alleged trafficking. Attorneys can use alibi evidence, phone records, surveillance footage, and other documentation to challenge the alleged involvement of the accused.

Illegal Search and Seizure by Law Enforcement

The Fourth Amendment protects people from unreasonable searches and seizures. If investigators obtained evidence through an unlawful search of a home, car, phone, or online account, a defense attorney can try to suppress that evidence. Successful suppression motions can significantly weaken the prosecution’s case, especially when digital messages, financial records, or physical evidence makes up the foundation of the allegations.

Challenging Electronic and Digital Evidence

In most human trafficking cases, police gather plenty of text messages, GPS data, emails, and financial transactions to build their case. Defense attorneys can challenge the authenticity, accuracy, or interpretation of this evidence. For instance, prosecutors may incorrectly attribute a device or an account to a defendant or take communications out of context. By carefully analyzing digital evidence and even using forensic experts when necessary, a defense team can push back against the prosecution’s interpretation of the evidence.

Demonstrating Lawful Employment or Business Activity

In labor trafficking cases, Cook County prosecutors often allege that employment arrangements involved coercion of unlawful control over workers. A defense strategy may focus on showing that the relationship in question was lawful and voluntary. Defense lawyers can use employment contracts, payroll records, workplace policies, and witness testimony to show that workers were compensated appropriately and free to leave their positions at all times. Establishing a legitimate business purpose helps counter trafficking-related allegations.