As defined in the federal Trafficking Victims Protection Act of 2000, the legal definition of “trafficking in persons” is:
Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age.
The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
In 2012, Ohio passed legislation guiding the identification of victims of trafficking in persons and guiding the prosecution of traffickers and purchasers of commercial sex from minors. The table below provides summary data on those cases from Ohio’s agencies and partners.
State Data Sources:
The Ohio Network of Child Advocacy Centers (ONCAC) provides support, education, and networking opportunities to enhance Ohio’s response to child abuse, including minors who are victims of human trafficking. Within a children’s advocacy center, agencies and professionals work together to reduce the trauma young victims experience and to enhance the system’s ability to respond to child maltreatment. Through a grant partnership with the Governor’s Ohio Human Trafficking Task Force and the Ohio Department of Job and Family Services, ONCAC began reporting identified cases of human trafficking in July 2013. The data are reported quarterly to meet state and federal grant requirements. Since the grant partnership began in July of 2013, 262 victims of human trafficking have been identified by Ohio’s children advocacy centers. In 2016, ONCAC reported the identification of 70 victims of human trafficking.
The Statewide Automated Child Welfare Information System (SACWIS) is the case management system utilized by the Ohio Department of Job and Family Services, along with 88 county public children services agencies, to assist staff in managing workloads and provide current data. Human trafficking reporting was integrated into the system in November 2013. In 2016, 37 records of human trafficking were identified, as reported by the Ohio Department of Job and Family Services.
The Ohio Department of Job and Family Services – Refugee Services Section (ODJFS Refugee Services) operates as part of a national and international effort to assist people displaced from their countries. The Refugee Services Section also serves victims of human trafficking certified by the U.S. Department of Health and Human Services, with reporting beginning in 2008. In 2016, ODJFS Refugee Services did not serve any victims of human trafficking.
The Ohio Attorney General’s Office collects data from local law enforcement related to human trafficking investigations, arrests, prosecutions, and convictions of traffickers. As required by Ohio’s “Safe Harbor” Law enacted in 2012, law enforcement must report the number of human trafficking cases identified annually to the Ohio Attorney General’s office (ORC 109.66). In 2016, local law enforcement identified 151 (potential and confirmed) victims of human trafficking.
The Combating Trafficking in Persons in Ohio (CTIPOhio) grant program, funded by the U.S. Department of Health and Human Services, provides assistance to foreign national victims of human trafficking in Ohio. Through a grant partnership with the Office of Criminal Justice Services, The Salvation Army of Central Ohio/Central Ohio Rescue and Restore Coalition, The Salvation Army of Greater Cincinnati/End Slavery Cincinnati, and Lutheran Social Services/Lucas County Human Trafficking Coalition, and additional outreach partners, the program identified 18 victims in 2016.
Data Limitations – Ohio has made notable progress in data collection efforts since HB 262 passed in 2012. However, given the relative newness of state laws (and awareness of the federal law) and well-documented complexities resulting in underreporting and identification of trafficking victims, there is much work to be done in reliably determining the prevalence of the crime both in Ohio and the United States. The data compiled in the table is the first step in creating a statewide overview of the number of victims identified and referred for services in local communities. It is critical to note that the numbers reported in Table 1 should not be aggregated across different sources as there are likely instances in which a single individual is being served by multiple agencies.
Even the most precious children are capable of committing heinous crimes. And while parents may be willing to do nearly anything to protect their children, police do not have to allow parents to be present during an interrogation. The best thing a parent can do for a child facing a police investigation or criminal charges is to hire a qualified juvenile justice attorney.
In fact, when conducting certain investigations, such as those involving abuse, or neglect, by a parent, officers usually question a child privately to avoid parental coercion. While parents can tell their child to refuse to speak with police investigating a crime, refusing investigators from Child Protective Services might result in some serious consequences.
What are the constitutional rights of juveniles?
Children have the same protections as adults, and may even have more protection since their age makes them more vulnerable. Historically, courts have ruled that children are entitled to being Mirandized, and may even be entitled to an earlier and more detailed Miranda warning than adults.
But, apart from identifying themselves, children do not have to talk to police at all. The constitution provides them with the right to remain silent, and children also have the right to have an attorney present during questioning.
Parental permission to speak with the police.
Parents often get upset when they learn that their child was questioned by police officers without their expressed permission. Juvenile justice varies from state to state, but most jurisdictions require parents be notified when a child is detained, and others will ask for parental consent before questioning a minor, even though doing so is not constitutionally required.
Typically, law enforcement officers will attempt to contact parents for the sake of health and safety, as there may be important information for officers to know about, such as a severe peanut allergy. Also, parents can unwittingly provide helpful information to officers.
Many older adolescents and teenagers may be more inclined to speak to officers if parents are not notified. It should be noted that officers are under no obligation to tell the truth concerning parental notification. Further, teens should understand that giving up your right to remain silent can be a very dangerous choice without consulting your own attorney. A parent cannot represent their child in the criminal justice system.
According to Prison Policy Initiative, 32% of the accused sit in prison cells serving time before they have even been convicted, solely because they can’t afford to post bail. In Columbus, the average bail amount is about $50,000 – an amount well out of reach for those arrested to be able to pay. Bail is an agreement between you (the defendant) and the court. As the defendant, you agree to post a specific amount of money in exchange for the assurance that you’ll return to court for your scheduled court date. Appear in court as scheduled and you get your money back. But if you don’t show up for even one of your court dates, you forfeit your $25,000 and a warrant for your arrest will be issued. If you can’t post bail, you stay in jail until your trial date – possibly for months.
How is the Bail Amount Determined?
Once you’ve been arrested, you’re immediately booked to jail.
Your vital information, your photo, and fingerprints are recorded in the police department’s database.
Your personal items are impounded.
After being booked, you’ll be given a sobriety test. This may be a second sobriety test if you’ve been arrested due to failing the first one.
You’ll be permitted to make one phone call, after which you’ll be put into a jail cell.
Your hearing will be scheduled and the judge decides the amount of your bail. This usually happens within 48 hrs of your arrest.
Normally the majority of jurisdictions use a schedule for bail to decide the bail amount that should be set. However, the judge hearing the case has considerable leeway when they decide to set bail.
Example #1: If this was your first offense, you are employed, and have family in the area, the judge may choose to reduce your bail amount below the scheduled amount; possibly discard it completely.
Example #2: If you have multiple offenses on your record and the judge thinks you might be a “flight risk”, the judge may choose to increase your bail or even revoke your ability and permission to post bail.
For a low-level offense, some jurisdictions may assign your bail as soon as you’re booked and not wait for an initial hearing. A police officer will advise you whether you will be able to immediately post bail using a credit card.
What is a Bail Bond?
Chances are you will have to get a bail bond to get out of jail if you or your loved one has been arrested for any type of serious crime. You may have also seen television commercials about bail bonds, but unless you’ve directly dealt with the issue of posting bail, you may find that you need a brush up on your knowledge about bail bonds.
How Bail Bonds Work:
You put down a small percentage for the total amount, a bail bondsman gives you the rest of the money needed for your bail. For example: If your bail is $15,000, you would deposit $2,000. The bail bondsman would provide the $15,000 bail needed for you to “post bail.” Most bail bond companies also will require collateral. Collateral is usually a deed to your house, car or jewelry of equal or greater value. After your trial is over, the court repays you, and the money is returned to your bail bondsman.
Bail bond companies typically do the following:
Require that your relative or friend put up the collateral for your bond. You will be less likely to miss a court date when your relative’s or friend’s property is on the line.
Call you before each court date to remind you of your upcoming trial.
Require you to make periodic check-ins at their bail bond office to make sure you haven’t left town.
Types of Bail Bonds:
Surety Bond: This type of bail bond is secured by an insurance company. It’s common for bail bondsmen to work with insurance companies in order to provide financial backing for their bonds.
Property Bond: If you own property (i.e., a house), the bail bondsman may be able to use this as collateral instead of putting down cash. With this type of bond, the court places a lien on your property and can sell it if you do not appear for your court date(s).
Release on Own Recognizance: Sometimes a judge will agree to release you without setting any bail amount. This normally happens only if you are accused of a low-level crime and the judge doesn’t consider you to be a flight risk.
Cite Out: This would be if you are caught doing something illegal and the officer then decides to issue a citation to appear in court instead of booking you into jail.
Immigration Bond: If you are detained by Immigration and Customs Enforcement (ICE), an immigration bond will permit you to be released from jail until your hearing is completed.
How much will a Bail Bondsman charge for this service?
They charge a fee that is usually 10-30% of your bail bond amount. This fee is normally not refundable. Sometimes they charge an “application fee”.
It is critical that you retain a criminal defense attorney with a record of success.
We have achieved positive results under the most difficult opposition and earned a solid reputation in over 45 years practicing exclusively criminal defense. Attorney Sherman is included in “Best Lawyers in America®” (earned by 1% of all lawyers in the U.S.) for 16 years running. He is honored as “Ohio Super Lawyer®” (2.5% of Ohio attorneys), rated as “AV Superb” by his peers, and “top 100” by the National Trial Lawyers of America. Practicing in state & federal courts, he has represented hundreds of people and tried over 450 jury trials. Although alleged crimes vary the approach is the same; be meticulously prepared and be ready for trial.
Of course, it is your right to defend yourself against DUI/DWI charges; post bail, make a plea deal or plead guilty.
However, the outcome will have long-lasting consequences; fines, fees, stained permanent record (even appearing in Google searches for your name), suspension or revocation of a driving privilege, much higher auto insurance costs, and jail time.
1 – Reconsider Pleading Guilty
If you chose to “blow” or provide urine or blood sample at the time of your arrest, and your blood alcohol content (BAC) was above .08%, it doesn’t guarantee your conviction. A DUI lawyer can offer advice that could affect the severity of your sentence. If your BAC was lower than .08%, a DUI attorney may be able to use your low BAC to achieve a better plea bargain your case.
2- Plea Bargaining & Sentence Bargaining
Many states prohibit the prohibit plea bargaining of a DUI charge (e.g., DUI to reckless driving), hire an attorney who knows the prosecutors. This can make a vital difference in post-conviction & penalties.
Most states offer sentence bargaining for a DUI conviction that may reduce the period of incarceration. If it is your second DUI, for example, you may agree to a guilty plea if you know your sentence. For an aggravated DUI charge (your BAC was over .15% that resulted in injury or death) sentence bargaining is vital. A skilled DUI lawyer should manage the sentence bargaining for you.
3- The Penalties for 2nd, 3rd, and 4th DUI are Very Steep
Even if you pled guilty to your first DUI, you better get the assistance of an accomplished DUI attorney for subsequent DUI charges. Second, third, and fourth DUI offenses almost always involve incarceration, large bail bonds & steep penalties. Lawyers have familiarity with the court system, the prosecuting attorneys, what plea bargains and sentence bargains are available to you, and can navigate the complex administration procedures to achieve the best outcome possible.
4 – What About The Cost of A DUI Attorney?
Your DUI lawyer will be right there beside you in court; negotiating, entering your plea, and bargaining down your sentence so you may also have lower fines and fees. This may offset, if not cover, the cost of representation.
