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Fulton County Human Trafficking Charges Declined — Probable Cause Insufficient

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Key Details

  • Charges: Human trafficking (arrest by Roswell Police Department)
  • Risk: Lengthy prison sentence if convicted of human trafficking
  • Resolution: District attorney declined to prosecute; all charges dismissed

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Case Description

Our client was arrested by the Roswell Police Department on human trafficking charges and booked into custody. Human trafficking is among the most serious criminal charges in Georgia, carrying substantial mandatory minimum sentences. The case was referred to the Fulton County District Attorney's office for prosecution in Superior Court.

Legal Strategy

Following our client's arrest, we immediately began our own investigation into the facts and circumstances of the case. We communicated with the District Attorney's office and provided information that contradicted the allegations. Our approach focused on demonstrating that, although probable cause may have existed for the arrest, the evidence was insufficient to prove the charges beyond a reasonable doubt at trial.

Challenges

Human trafficking cases receive significant attention from prosecutors and often involve federal agencies and specialized prosecution units. The Fulton County District Attorney's Office has a dedicated Human Trafficking & Internet Child Exploitation Unit that handles these cases. We had to overcome the presumption that accompanies such serious charges and demonstrate weaknesses in the State's case.

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Resolution

After reviewing the facts of the case with the arresting officer, the Fulton County District Attorney's Office determined that, while probable cause existed for our client's arrest, it was ultimately the District Attorney's decision not to prosecute. The Deputy District Attorney from the Human Trafficking & Internet Child Exploitation Unit filed a formal Decision to Decline to Prosecute, noting the decline was filed "without prejudice" but effectively ending the case. This outcome allowed our client to avoid prosecution on extremely serious charges and the devastating consequences that would have followed a conviction for human trafficking.

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