Human Trafficking

Who is a “victim of human trafficking?”

Any person where force, fraud, or coercion was used to obtain labor or commercial sex.

What is the most commonly identified form of trafficking?

Sex trafficking. This can involve the trafficker exploiting underage victims or moving victims from one city or state to another for the purpose of profiting off of them fraudulently.

Who are the victims and culprits of human trafficking?

Runaways, immigrants, children, children in foster care or bad home situations, mentally ill, mentally delayed people. I see human trafficking for sexual purposes more often in criminal court. Both labor and sex trafficking are far too rampant. New Orleans has a reputation as being a city for anything goes parting and
unfortunately that lead to sex trafficking cases.

What types of industries are involved with human trafficking?

Trafficking is everywhere. Sex trafficking is illegal and thus is done more, often
than not, in the shadows. Often victims are placed in ads online or out in the streets or hotels. Labor trafficking tends to be located in larger commercial operations or on a smaller scale in the traffickers home.

How is human trafficking different from migrant smuggling?

Migrant smuggling can be human trafficking if the purpose of the smuggler is to use the people for their labor or to profit from commercial sex. However, traffickers can be domestic and occur in one state or between states.

What if a trafficked person consents?

This situation is nuanced. Underage people can not “consent” to sexual interactions with adults under the law. Thus is an underage victim is a sex worker then the trafficker could be charged. However, if a sex work is an adult and freely choose to work in that field then it is not trafficking.

Who can file a sex trafficking lawsuit?

Prosecutors or victims in civil court

Who can be held legally responsible for human trafficking?

The traffickers and any part of their business enterprise that was involved with the business of trafficking.

Victim Advocacy

(rape victims, domestic violence, general violence looking for solutions)

If I was sexually assaulted, at what point should I call a lawyer?

There is never a right or wrong time to seek to legal counsel. There are time limits to criminal and civil suits which could be pursued. If you are a victim and would like to know more about your rights, please contact at lawyer.

What if I can’t remember all of the details?

Often rape victims forget details because of the trauma of the assault or because they were drugged. If you feel you were sexually assaulted, seek immediate medical help. Date rape drugs can clear your system within 24 hours and you should be seen immediately to make sure you are physically “okay”.

What should I do if I’ve been sexually abused or I know someone who’s been abused?

  • If you feel you were sexually assaulted, seek immediate medical help at a hospital emergency room or call 911. Date rape drugs can clear your system within 24 hours and you should be seen immediately to make sure you are physically “okay”.
  • If you know someone who was sexually assaulted encourage them to seek medical treatment at a hospital or call 911. Sometimes victims do not feel comfortable with hospitals immediately. Listen and be kind to your friend. There are rape hotlines with information to assist them. You may want to encourage them to call law enforcement, a counselor and/or a lawyer.

Can I recover damages if I’ve been sexually abused?

If you sue in civil court you can recover financial damages. Criminal cases can result in restitution but it is usually a small amount.

What types of abuse can an abuse survivor sue for in civil court?

Abuse can take many forms such a rape, incest and domestic violence. Every case is unique and a consultation with an attorney can better address what possible actions are available.

What are the differences between criminal and civil abuse cases?

Criminal cases seek jail or probation while civil cases seek monetary rewards

Who can abuse survivors sue in a civil case?

The perpetrator and depending on where the offense took place, possibly the owner of the location of the assault

What can I expect to happen once I decide to hire Aubrey Harris Law Firm?

Knowledgeable, passionate, strong and confident representation

How long is the legal process?

Just like no two people are alike, cases are all different and take varying amounts of time. Some cases can be resolved quickly and others can take time. After a consult and learning about your case, I can better give you a feel for a time frame.

Will my work find out about this?

This depends on what if any action you choose to take, where to crime occurred, who victimized you and other factors to your case.

Can you put the abuser in jail?

If law enforcement seeks an arrest warrant, yes. After arrest the defendant can make bond and be released. Depending on the criminal charge they may get a jail sentence and/or sex offender registration

Are there any benefits besides money damages to suing?

Every victim needs to decide what justice they are looking for in a situation. A jury or judge finding fault can be a victory for an abused woman.

I'm afraid that my abuser will find out I'm looking up domestic violence resources on the Internet. What can I do?

I installed the “escape” button on the bottom left of your screen. If you hit it your site will be directed a neutral website to protect you. IF you are concerned about your safety for looking at this page please use the escape button when you are
done reviewing this page.

How should I collect evidence in a domestic violence case?

Texts, emails, screen shots of social media, photographs of pysical abuse, seek medical attention and keep or get copies of the medical records, keep a journal of dates and times of the abuse, call the police.

Criminal Defense

Do I need to hire an attorney if I plan on pleading guilty?

You should not come to any conclusion about the resolution of any criminal case without speaking to a lawyer. Yes, even if it is a small charge or if you know you are guilty.

Is there a difference between probation and parole?

Probation is given instead of jail time when you plea or are found guilty. Parole is given to inmates when they are released from jail early.

When I am arrested, should I speak with a police officer?

By law you are requited to give your name and identification. I suggest you use your 5th Amendment rights and STAY SILENT. They can and often do use your own words to build a case against you.

Is there a difference between a felony and misdemeanor charge?

Yes. Misdemeanors are smaller charges that usually cary of sentence of $500 or up-to 6 months in jail. Marijuana 1st and Paraphernalia 1st is an exception and they carry up-to 15 days in jail. Felonies are larger cases and can carry much more potential jail time. Some felonies are eligible for probation.

What is the difference between a dismissal and an expungement?

If your case is dismissed then you were not convicted. Expungements happen after you were convicted.

Will my case go to trial?

Most cases do not go to trial. The decision to go to trial or not can not be made fully until all the police reports, evidence, and witnesses can be reviewed and met with and you and your lawyer discuss the case.

Criminal Appeals and Post-Conviction Relief

How can a person challenge a criminal conviction?

Constitutional challenges, improper use or interpretation of the law by the trial judge, actual innocence and changes in the law post conviction are all potential claims in a post conviction relief application.

When can an appeal be filed?

It must be filed within 30 days of sentence.

What kinds of issues can be raised in an appeal?

Technical and legal issues with the trial or plea.

Does someone have to serve their sentence while on appeal?

The Judge can grant an individual an appeal bond between sentencing and the ruling on an appeal. This purely up to the discretion of the Court. If you received a sentence of probation then you would be free while seeking an appeal.

What are the steps in an appeal and how long does it take?

Motions need to filed in the trial court. The transcripts and minutes need to be entered into the record. A trial lawyer needs to review all of the transcripts, minutes, and case file to identify the issues and then draft the brief and file for relief.

What happens if I win my appeal?

You are granted a new trial.

What happens if I lose my appeal?

Your conviction and sentence remain the same.

What is a post-conviction proceeding?

If you loose your appeal or do not file one timely, post-conviction relief can be filed to seek a new trial for actual innocence or errors in the case.

Can new evidence be added in a post conviction case?

You are limited to arguments and evidence used in the trial or leading up to the plea unless there is newly discovered evidence that would be crucial to the case. Newly discovered evidence under that circumstance can be used.

Can a post conviction judgment be appealed?

PCRs are usually taken up from trial court, to appellate court to the Louisiana Supreme Court. After state courts, federal courts can offer remedies.

What is the best way to challenge a conviction, an appeal or a post-conviction case?

No two cases are the same. Each case needs to be reviewed individually.

Contact Aubrey