WHAT IS HUMAN TRAFFICKING UNDER SECTION 236.1 OF THE CALIFORNIA PENAL CODE [CALIFORNIA PENAL 236.1, HUMAN TRAFFICKING]?
California law makes it a crime to deprive other people of their individual rights for the purpose of forcing them to work for someone.
It is also against the law to convince or attempt to convince someone under the age of 18 to engage in a sexual act for the purpose
of financial gain. Normally, human trafficking is charged along with prostitution, pornography, extortion and/or blackmail.
BELOW ARE JUST SOME CASES WHERE ATTORNEY JEFF VOLL BEAT HUMAN TRAFFICKING CHARGES
Actual Case #1 represented by Attorney Jeff Voll
In United States of America vs. Paul Jeffrey Voll (ME) Case No.: 2:16-cr-00265-GMN-NJK, I was arrested (kidnapped by the Federal Government) on June 16, 2017, handcuffed (assault and battered), transported (victim of human trafficking) across State lines from California to Nevada and held against my will (falsely imprisoned) by The Department of Homeland Security, The Bureau of Alcohol, Tobacco, Firearms and Explosives, The Department of Justice and The United States Attorney's Office in Las Vegas, Nevada. I was intentionally and falsely “charged” with violating the Racketeering and Corruption Act (RICO) and faced a Life in Prison sentence based on United States Government created and sponsored lies and fabrications. I am a free man today and will always be a free man/attorney until the day I die. If I can beat my own Life in Prison case, you can certainly be assured that no one will fight harder for your freedom against any charges levied against you with me as your criminal defense attorney. The Government assumed I would be a rat. They assumed I would corroborate the Government created falsities mimicked by other weaker men to fast track their way out of jail. The Government was wrong. I was placed in the SHU (secured housing unit) at Metropolitan Detention Center for 6 days before being trafficked to the Nevada Southern Detention Center in Pahrump, Nevada. The Government thought that because I was a licensed Attorney, that they could turn me into an informant. I held fast and strong and gave Uncle Sam, his lying "special agents," and Federal prosecutors who criminally conspired to further their intentionally false narrative the finger while telling my attorney that I am Ready for Jury Trial. No deals. No signing for my freedom. Outcome: Case Dismissed
Actual Case #2 represented by Attorney Jeff Voll
In People vs. Antonio T. - Case No.: 22CF0310, my client was accused of Human trafficking, pimping and pandering in the City of Santa Ana. Human trafficking has a sentencing range from 12 - 20 years. Sometimes the prosecution files the charge in hopes of intimidating a defendant and his or her attorney into a plea to a lesser charge since 20 years is 20 fucking years. In this case, the police received a couple of calls that several men were seen entering a hotel room, staying for about 30 - 45 minutes and exiting with a smile on their face and a skip to their step. So what do they do, they gather a dozen or so cops taking then off of gang and robbery/homicide investigations in order to stake out the hotel to see who was happy to come and go. They see two men enter a certain hotel room and exit 30 minutes later. They stop these men under the guise of maintaining public safety and question them as to what they were doing in the hotel room. One said he only paid for "head" and the other said he paid for a "complete round the world." So the cops let these two citizens go and they went back to watch the room. They saw my client also monitoring the room from a vehicle in the same parking lot. So now they start watching him. They follow him to another hotel in Orange County and see that he also has a room there too. They see him go back to the first hotel and watch him as he throws a backpack or other similar pack to the woman alleged to be the whore. They see him driving between both hotels and eventually stop him and interrogate him. He has some weed on him so they effectuate an arrest. He denies everything. They find the whore hiding behind a vending machine at the first hotel and question her. She tells the police that he provides her safety when she is turning tricks and that she gives him 50% of here take. The Orange County District Attorney over filed the case charging Human Trafficking. After the preliminary hearing the Judge agreed and dismissed the human trafficking charge. Outcome: Human Trafficking Charge Dismissed
Actual Case #3 represented by Attorney Jeff Voll
In People v. David H. - Case No. BA481648, my client was accused of the very serious sex crimes of (1) human trafficking of a female who was a minor for the purposes of pimping her and (2) two counts of lewd and lascivious acts with a minor. These charges carried with them a Maximum 18 years of Prison. The Detective had a bone to pick, no pun intended, with my client and when my client was in jail awaiting arraignment, the Detective made a personal visit to my client and through the jail bars in his cell, told my client "I told you I was going to get you." Well my client bailed out of jail and never set foot back in jail/prison and is today a free man. You see, the "victim" in this case WAS a street walking prostitute not unlike Sylvia Kristina who walked tracks all over the Country. When law enforcement interviewed her about my client "pimping her" she would refer to my client as her boyfriend and then proceed to talk about the little blue extraterrestrials that were circling right above her, inside L. Ron Hubbard's invisible spaceship that was speeding toward earth for a Dianetics reunion at their Celebrity Center in Hollywood. Outcome: The case was dismissed after about 6 months of me putting up a fight.
WHAT IS THE LEGAL DEFINITION OF HUMAN TRAFFICKING - SECTION 236.1 OF THE CALIFORNIA PENAL CODE?
Before you can be convicted of Human Trafficking in California upon a jury verdict of guilt, the prosecutor must prove all elements of the specific crime you are charged with beyond a reasonable doubt. An element is a part/segment/section that is essential to the crime. Almost all crimes have several elements. The prosecutor must prove all elements beyond a reasonable doubt before the defendant can be found guilty.
Remember that it is the sole burden of the prosecutor to meet this requirement. It is the sole duty of the prosecutor to prove all the elements of the crime beyond a reasonable doubt before one may be convicted by a jury of one's peers.
The legal elements necessary to convict you of California Penal Code Section 236.1 - Human Trafficking, vary depending on the section of the law you are charged with. Let's look at the sections one by one, drawing your attention to important issues that may arise.
California Penal Code 236.1(a) - Human Trafficking or Involuntary Work or Service”
The elements of section (a) of this section are the following:
(1) You deprived someone of his or her human liberty OR you one's human liberty.
(2) You committed the act to forcibly procure work or services.
Depriving someone of his or her individual freedom - can be done by:
(a) Domination, (b) Fear, ( c) Fraud, (d) Deception, (e) Pressure, (f) Cruelty OR (g) Threat
Threatening another person – the surrounding facts must reflect that it was reasonable for you to carry out your threat.
WHAT IS CONSIDERED A THREAT UNDER SECTION 236.1 OF THE CALIFORNIA PENAL CODE - HUMAN TRAFFICKING.
A threat in this section is defined broadly. It can be carried out in many ways and thus satisfy this element of California Penal Code Section 236.1 - Human Trafficking. The threat could consist of stating one is to commit physical harm/revenge or blackmail/suffering. For example, if one threatens to take or takes the immigration papers of an alleged victim, this could be considered a violation of California Penal Code Section 236.1 - Human Trafficking. Threats don't have to be spoken. They can be made in writing or even expressed with gestures alone like pointing one's finger in as a gun depiction and pointing it towards another person.
The prosecutor will consider whether it was reasonable for the victim to believe the threat when deciding to file a case for Human Trafficking. If the threat appears credible after evaluating the totality of the circumstances surrounding the event, one would be subject to prosecution under California Penal Code Section 236.1 - Human Trafficking. However, if the threat was imaginary or made as a joke one would likely not be charged with California Penal Code Section 236.1 - Human Trafficking.
PROCURING, FORCING OR INDUCING SERVICES OR WORK
It is important to understand that you may be criminally responsible under California Penal Code Section 236.1 - Human Trafficking, even if you have compensated/paid the alleged victim. The key fact(s) is determining whether or not the victim was forced to work or provide a service to the defendant. This is important to note because some confuse human trafficking with slavery or indentured servitude. Slavery is where the worker receives no remuneration or payment but just sweats away making tennis shoes with a swoosh stripe or I-Phones for example. It is entirely possible that a trafficked person may still be compensated but of course at a minimal wage.
California Penal Code 236.1(b) - Human Trafficking for the Intent to Pimp/Pander, Engage in Child Pornography, or to Extort
The elements of section 236.1(b) of the California Penal Code are the following:
(1) The defendant deprived another of his human liberty OR you invaded the human liberty of another;
(2) The defendant did so with the Intent to Pimp/Pander, Engage in Child Pornography, or to Extort
California Penal Code 236.1( c) - Forcing a Minor Under the Age of 18 to engage in a Sexual Act for Compensation
The elements of section 236.1(c) of the California Penal Code are the following:
(1) You forced a Minor to engage in sexual conduct for a commercial purpose;
(2) For the purpose of committing a crime listed in section 236.1 of the California Penal Code - Human Trafficking.
* It is important to note that section (c) of California Penal Code Section 236.1 - Human Trafficking, differs from the other sections of this law in a very significant way. To be guilty of this section it is not required that you deprived another person of their individual liberty.
Therefore, if the alleged victim who is under the age of 18 freely chooses to work for you in a commercially related sexual way, you can still be found guilty of California Penal Code Section 236.1 - Human Trafficking. Likewise, not knowing the age of the victim is not a defense. It does not matter that you honestly thought that the victim was an adult.
What are the Penalties for a conviction under California Penal Code Section 236.1 - Human Trafficking?
The potential penalties for a conviction under California Penal Code Section 236.1 - Human Trafficking, differ depending on which section of the law your criminal allegations fall under. Charges under California Penal Code Section 236.1 - Human Trafficking, are always filed as felonies.
Potential penalties for California Penal Code Section 236.1 (a) - Human Trafficking, may include the following: a maximum fine payment of half a million dollars, up to a maximum of 12 years in state prison and/or release on felony probation. Somewhere between those two extremes. Also, you will be required to register as a 3rd Tier sex offender for life.
Potential penalties for California Penal Code Section 236.1 (b) - Human Trafficking, may include the following: a maximum of half a million dollars in fines, a maximum of 20 years in State Prison, and/or Felony Probation. Somewhere between those two extremes. Somewhere between those two extremes. Also, you will be required to register as a 3rd Tier sex offender for the rest of your life.
Potential penalties for California Penal Code Section 236.1 (c) - Human Trafficking, may include the following: a maximum fine of half a million dollars, a maximum of 15 years in state prison, and/or release on felony probation. Somewhere between those two extremes. Also, you will be required to register as a 3rd Tier sex offender for the rest of your life.
If you caused significant physical harm to the victim during the commission of Human Trafficking under California Penal Code Section 236.1, you could face an additional 10 years in state prison ABOVE the sentence received as the base sentence.
Also, if you were previously convicted of California Penal Code Section 236.1 - Human Trafficking, you could be sentenced to an additional 5 years in state prison for each prior conviction of California Penal Code Section 236.1 - Trafficking in persons, above the sentence received for the base sentence. Therefore, if you have two prior convictions for violating California Penal Code Section 236.1 - Human Trafficking, this could add an additional 10 years to your sentence for your most recent offense.
If you violated California Penal Code Section 236.1, - Human Trafficking for the benefit of a criminal street gang or by using a criminal street gang, you could face an extra four years in state prison above the base sentence.
Additional Monetary Sanctions
Judges now have the ability of adding another penalty to what you may have received for the base conviction. They can now add a maximum of an additional one million dollars above what your base sentence should be. In making this decision, the Judge will evaluate the following factors:
* the gravity of the criminal actions that led to the conviction,
* how long you had been involved in human trafficking,
* how much money you earned during the commission of the crime,
* what degree of damages were suffered by the victim as a result of your actions.
Of course, the alleged victim could sue through civil proceedings for large amounts of money and the prosecutor's office could confiscate his property to compensate the victim. In many cases, if you were convicted of violating California Penal Code Section 236.1 - Human Trafficking, the victim will almost certainly hire a civil lawyer to go after you for compensatory damages and pain and suffering.
What are your legal defenses if you are charged with violating California Penal Code Section 236.1 - Human Trafficking?
Who wants to go to Prison as a Sex Offender? Who wants to register as a sex offender for life? Who wants to be labeled a sexual deviant for the rest of their life? Do you have kids? Are you married? If the answer is yes, then say goodbye to your wife and kids baby because only Jesus and Attorney Jeff Voll can help you.
Below are some of the most common legal defenses to California Penal Code Section 236.1 - Human Trafficking:
Allegations can be just that. They have to start somewhere. The person reporting is often the alleged accuser. Therefore, it is not too uncommon for a jilted lover or an angry employee to falsely accuse his or her mate or employer of improper conduct.
By example, it is possible that even if you committed an illegal act, such as pimping, you would not commit the more serious crime under California Penal Code Section 236.1 - Human Trafficking. It is not uncommon for prostitutes to accuse their pimp of human trafficking, especially if they have gotten into legal trouble and want to offer the police information in exchange for a lighter sentence.
D. Martin Jefferson is a lazy unproductive low life useless pseudo-white supremacist lying turd cunt. He is also a rat snitch. One of the lowest life forms ever to crawl out his Momma's rectum. I mean this piece of shit would be hard pressed for Jesus to give him a break. He is that much of a sub-human turd! Like the worst ever. So anyway, D. Martin Jefferson is also a bankrupt loser who does not work but insists he is superior to others as he has white skin covering his cheaply tattooed obese body. He likes to buy Disneyland Grade fireworks from Arizona and bring them back to California where they are illegal, in order to sell them and make cash money that he never reports to the IRS. He easily makes upwards of $15,000.00 a 4th of July holiday season in cash. And remember, he has never reported this cash income to the IRS.
When D. Martin Jefferson was arrested for his possession and sales of these fireworks by Federal Agents, instead of taking his punishment like a man, he decided to fellate several Federal Special Agents from the Department of Homeland Security, Bureau of Alcohol, Tobacco, Firearms and Explosives and a certain corpulent Washington D.C. Organized Crimes Task Force “Special" Prosecutor named David who resembles a obese unattractive ex-fluffer for rare John Holmes cross over gay snuff films from 1985, and falsely and intentionally claim that his old acquaintance Attorney Jeff Voll has committed several acts of Racketeering Conspiracy on behalf of a certain Motorcycle Club. He did this because as he testified in the Federal trial, "he was scared of the big bad Washington D.C. prosecutor David." As such, the Federal Government and David, pimped their prostitute D. Martin Jefferson to testify at a Federal Grand Jury hearing falsely against Attorney Jeff Voll so that D. Martin Jefferson would be offered immunity and not be prosecuted for his own Federal crimes of possessing and selling mass quantities of illegal fireworks. So you see, D. Martin Jefferson was the whore and the Federal Government and "Special Prosecutor" David was his Pimp. The fact that John C,, Matt N. and David K. kept D. Martin Jefferson as a paid Federal informant lying whore means they and Uncle Sam are guilty of Pandering.
No Deprivation of Individual Liberty
Relationships between employees and employers can often be filled with arguments, orders and possible confusion. One may be charged with depriving an employee of his or her liberty when in fact the employee took a simple demand as a threat. Regardless, a comprehensive approach to investigation and evidence, especially from the beginning of the case, can bring the truth to light. Attorney Jeff Voll may be able to get the case dismissed by revealing the truth facts to a prosecutor.
If you were unaware that you committed human trafficking, you may be able to present that circumstance as a possible defense against California Penal Code Section 236.1 - Human Trafficking. Many employers mistakenly think when they hire foreign employees, that they have to withhold their employees' immigration documents. They operate under the mistaken belief that they are following the law when they are not. This is a valid defense to the charge of Human Trafficking.
What should I do if I am charged with California Penal Code Section 236.1 - Human Trafficking?
If you have been accused of Human Trafficking in the Los Angeles area, it is imperative that you avail yourself of the best possible criminal defense team. The consequences of a conviction can be severe and lifelong.
We at the Law Offices of Jeff Voll have extensive experience at handling possession of Human Trafficking and other sex crime allegations. Jeff Voll has never been a prosecutor and has only defended against these types of crimes. He knows how to choose and proceed with the best possible defense for each case.
Do not hesitate to call me at 323-467-6400 for a free legal consultation and immediate attention to your needs. Jeff Voll is skilled at defending these types of cases and knows how to defeat sex crimes allegations by the prosecution. Legal niche experts, researchers, investigators, and more also boost the effectiveness of our defense team. Contact us today and we will put our knowledge and experience to work for you.
Remember that Attorney Jeff Voll is the ONLY California criminal defense firm that can truthfully state he achieved over 100 case dismissals in one 12 month period. Look no further for an attorney to represent you or a loved one.