NJ Human Trafficking Defense Attorney

Welcome to Spodek Law Group. If you are reading this, you or someone you care about is probably facing human trafficking charges in New Jersey. This is serious. We understand the fear, the confusion, and the weight of what is happening. Our firm has defended clients against some of the most severe criminal charges in the state, and we know that your future depends on what happens in the next few weeks and months.

Human trafficking charges in New Jersey carry some of the harshest penalties in the entire criminal code. We are talking about sentences that can reach 20 years, 30 years, even 50 years in state prison. But here is what most people do not understand until they are already facing charges: you do not need to be a trafficker to be charged as one.

The law does not require that you ran a trafficking operation. It does not require that you used force or moved anyone across state lines. Under N.J.S.A. 2C:13-8, recruiting someone for prostitution is enough. And under the second-degree statute, providing services or resources when you "should have known" they would further trafficking is also enough. That is the trap that catches people who genuinely believed they were innocent.

What New Jersey Actually Charges as Human Trafficking

Heres the thing that surprises most people. Human trafficking under New Jersey law doesnt require what you probably think it requires. You do not need to physically restrain anyone. You do not need to cross state lines. You dont need to run some kind of organized criminal enterprise.

What the statute realy says is that a person commits human trafficking if they knowingly hold, recruit, lure, entice, harbor, transport, provide, or obtain another person for sexual activity or labor through coercive means. Those coercive means include threats of harm, fraud, destroying immigration documents, or providing access to drugs.

But heres were it gets complicated. When the alleged victim is under 18, the prosecutor dosent even need to prove coercion. The statute says that recruiting, harboring, or transporting a minor for sexual activity is automaticaly first-degree human trafficking. Period. No force required. No fraud required.

New Jersey sits right between New York City, Philadelphia, and Baltimore. This geographic position means that trafficking investigations are often multi-jurisdictional nightmares. Federal prosecutors from the District of New Jersey work alongside state prosecutors. And double jeopardy does not apply between federal and state charges, so you can face prosecution in both systems for the exact same conduct.

OK so think about this. A woman in Newark was recently charged because she rented rooms in her home. She didnt know what was happening in those rooms. But investigators said she should have known. Thats how the charge works.

The Peripheral Defendant Trap

This is the part that nobody talks about and it needs to be understood.

The law does not require you to actually know that trafficking was happening. It requires you to have been in a position where you should have known.

Under N.J.S.A. 2C:13-9, a person commits a second-degree crime if they provide services, resources, or assistance "with the knowledge" that those services are intended to further human trafficking. But the statute also says that the requisite knowledge "may be inferred" if the defendant was aware of certain conditions.

What does this realy mean in practice? It means prosecutors can charge hotel workers who saw guests coming and going at unusual hours. It means landlords who rented to the wrong tenant. It means drivers who gave rides without asking enough questions. It means massage parlor employees who noticed something strange but kept their heads down.

The 2024 State Commission of Investigation released a report specificaly about human trafficking in the massage and bodywork industry. That report didnt just expose whats happening. It created a roadmap for prosecutors to target everyone connected to these businesses, not just the people running them.

Hotels are now facing civil lawsuits under the federal Trafficking Victims Protection Reauthorization Act because their staff "should have known" about trafficking happening on there premises. A federal judge in New Jersey, Judge Julien Neals, denied motions to dismiss these cases. The same standard that allows civil liability is being used to justify criminal charges.

Let that sink in for a moment.

First-Degree vs Second-Degree: The Sentencing Cliff

The difference between first-degree and second-degree human trafficking is not just a technical legal distinction. Its the difference between walking out someday and spending the rest of your productive years in prison.

First-degree human trafficking under N.J.S.A. 2C:13-8 carries a sentence of 10 to 20 years in state prison with a fine of up to $200,000. But when the victim is a minor, the sentancing changes dramaticaly. The statute specificaly states that the term of imprisonment shall be either 20 years without parole eligibility OR a term between 20 years and life imprisonment with 20 years parole ineligibility.

Read that again. Twenty years with no parole is not the maximum. Its the minimum.

Ashley Gardener was sentenced to 50 years in state prison after forcing a 17-year-old girl to work as a prostitute at Mercer County hotels. She got 25 years on the trafficking charge consecutive to 25 years on promoting organized street crime. She will serve at least 40 years before she is even eligible for parole consideration.

Charles Torres, the defendant in New Jerseys first human trafficking case, recieved 20 years with 20 years of parole ineligibility. He also has to register under Megans Law and is subject to parole supervision for life. Even after he serves his sentence, he will never truly be free.

Second-degree trafficking under N.J.S.A. 2C:13-9 carries 5 to 10 years in prison with a fine up to $150,000. The statute also requires a period of parole ineligibility of one-third to one-half of the sentence or three years, whichever is greater.

Heres what this means practicaly. Even the "lesser" second-degree charge means you are going to prison. Not probably going to prison. Definately going to prison.

The "Should Have Known" Standard

Think about how you would prove that someone "should have known" something.

In most criminal cases, the prosecution has to prove that you intended to commit a crime or that you genuinly knew what you were doing was illegal. Thats the "mens rea" requirement. Human trafficking charges work differentely.

The inference provision in N.J.S.A. 2C:13-9 says that knowledge can be inferred if the defendant was aware that a person was being subjected to certain conditions. Those conditions include things like restricted movement, confiscated documents, evidence of physical abuse, or signs of coercion.

So if you are a hotel manager and one of your housekeepers reports that a guest never leaves their room, theres men coming and going at all hours, and theres cash everywhere, what happens if you dont call the police? Under the inference standard, a prosecutor can argue that you should have known trafficking was occuring. Your failure to act becomes evidence of your knowledge.

The same logic applies to landlords, Uber drivers, massage parlor managers, and anyone else who might be in a position to notice suspicious activity. You dont have to participate in trafficking to be charged with facilitation. You just have to fail to stop it when you reasonabley should have noticed.

This is how innocent people end up facing decades in prison.

When Victims Become Defendants

Heres the most troubling aspect of how these cases play out in reality.

Many trafficking victims are coerced into recruiting others. This is how trafficking operations work. The people running them use victims to bring in new victims. Its a deliberate strategy because it makes victims complicit in crimes.

But New Jerseys human trafficking statute dosent have a clear exception for forced criminality. If you recruited someone else into prostitution because your trafficker forced you to, you can still be charged with human trafficking yourself.

Yesterdays victim becomes todays defendant.

The statute does include an affirmative defense. Under N.J.S.A. 2C:13-8, it is an affirmative defense to prosecution that during the time of the alleged offense, the defendant was themselves a victim of human trafficking. But proving that defense is extremly difficult.

Think about what you are asking a jury to beleive. You are saying that you were forced to commit crimes, but you also had enough freedom to not call the police. You are saying your trafficker controlled you, but you were also capable of recruiting other victims. The contradictions are obvious even when they are telling the truth.

The Affirmative Defense That Almost Never Works

Todd Spodek has seen how prosecutors approach these cases. They dont view the victim defense sympatheticaly. They view it as a convienent excuse that every defendant will try to use.

To successfully raise the affirmative defense, you need to prove by a preponderance of evidence that you were being trafficked at the time you committed the offense. This means you need documentation, witnesses, and a coherent narrative that explains your conduct.

But trafficking victims rarely have documentation. Their whole experience was defined by someone else controlling there life, their documents, their communications. The evidence that would prove they were victims was destroyed or never existed.

And even if you can prove you were a victim, the affirmative defense only applies to trafficking charges. If your also charged with related offenses like promoting prostitution, assault, or conspiracy, those charges may not be covered.

The legal framework creates a situation were the people most likely to have been victims are also the least likely to be able to prove it. Thats not an accident. Its how the system works.

What Happens at Your First Appearance

If you are arrested on human trafficking charges in New Jersey, your going to have a first appearance before a judge within 48 hours. This is were pretrial detention is decided.

Bail reform in New Jersey means that cash bail is mostly eliminated. But it also means that prosecutors can request pretrial detention for serious offenses. Human trafficking qualifies.

When a prosecutor asks for detention, they have to show that no combination of conditions would reasonabley assure the defendants appearance in court and protect the community. For trafficking charges, detention is almost always requested and frequentley granted.

This means you may be fighting your case from inside a jail cell. The Spodek Law Group understands how critical this first hearing is. If we can get you released pending trial, it changes everything about how your case proceeds.

Building a Defense That Actually Works

Look at the case outcomes and you will see something important.

Michael McLeod was described as the "boss" of a trafficking ring. He pleaded guilty to first-degree conspiracy to commit human trafficking and second-degree facilitation. His sentence was 18 years in state prison with four years of parole ineligibility.

Glen Bowman Sr. also pleaded guilty to first-degree conspiracy. Under his plea agreement, he recieved 13 years with five years of parole ineligibility.

Even cooperation does not mean you walk away. It means you serve slightly less time.

The defense in human trafficking cases has to attack the fundamental elements. Did the prosecution prove actual knowledge or are they relying entirely on inference? Was the alleged victim genuinly coerced or did they participate voluntarily? Is there evidence that contradicts the inference of knowledge?

The best defense is built early, before the prosecution has locked in there theory of the case.

Restitution is another critical issue. The statute requires that anyone convicted of human trafficking pay restitution to victims. The amount is calculated as either the gross income the defendant made from the victims labor OR the value of the victims labor under the New Jersey Prevailing Wage Act, whichever is greater. Then add the mandatory $25,000 fine that goes to the Survivors Assistance Fund.

The financial consequences can be as devastating as the prison sentence.

If you are facing human trafficking charges in New Jersey, this is not a case where you can wait and see what happens. The prosecution is already building their case. Evidence is being gathered. Witness statements are being taken. Every day you wait is a day they get stronger.

Spodek Law Group defends clients against the most serious criminal charges in New Jersey. We understand how prosecutors think because we understand how these cases are built. We know what evidence matters and what weaknesses to exploit.

The consultation is confidential. The stakes could not be higher. Call us at 212-300-5196.