Minnesota · Criminal process and other offenses

Document-Related Labor and Sex Trafficking Offenses in Minnesota

Minnesota Statutes § 609.283 does not criminalize every instance in which one person holds another person’s passport, immigration paper, or government identification. The state must prove knowing destruction, concealment, removal, confiscation, or possession of an actual or purported covered document, and it must connect that conduct to labor trafficking, sex trafficking, or a specified effort to restrict movement in order to maintain labor or services.

Primary authorityMinn. Stat. §§ 609.283, 609.281, 609.282, and 609.322Research standardOfficial sources citedLast updatedNovember 4, 2026

Minnesota trafficking-related document offense guide

Document Conduct in Furtherance of Labor or Sex Trafficking under § 609.283

Minnesota Statutes § 609.283 does not criminalize every instance in which one person holds another person’s passport, immigration paper, or government identification. The state must prove knowing destruction, concealment, removal, confiscation, or possession of an actual or purported covered document, and it must connect that conduct to labor trafficking, sex trafficking, or a specified effort to restrict movement in order to maintain labor or services. The statute begins with an important limitation—“unless the person’s conduct constitutes a violation of section 609.282”—and it uses two penalty tiers based on whether the crime involves a victim under 18.

Direct representation

I identify the exact document act and the exact trafficking connection.

If you hire me, I separate who owned and controlled the document, what the document was, how and when it came into another person’s custody, which statutory verb is alleged, what the accused person knew, and whether the evidence actually proves one of the three required trafficking connections. I also identify the governing offense-date versions of the incorporated labor- or sex-trafficking law, the introductory § 609.282 limitation, the person whose age selects the penalty tier, and the sentencing consequences of an unranked felony.

Discuss the documents, chronology, and allegation

Document and ownership proof

“Actual or purported” broadens the object category but does not erase the remaining elements

Actual or purported passport

A genuine passport clearly can fit. “Purported” prevents the analysis from ending merely because an item is false, expired, altered, counterfeit, invalid, or only represented as a passport. The state should still identify the object, its appearance and claimed function, its connection to the named person, and why it falls within the statutory phrase. The defense should preserve the item or reliable images and avoid assuming authenticity when the statute does not require it.

Other immigration document

The statute does not enumerate every immigration paper. Depending on the facts, the allegation may concern visas, arrival records, employment-authorization documents, permanent-resident cards, border documents, immigration notices, or another actual or purported government paper. The prosecution should identify the issuing or purported issuing authority and the document’s role. Private employer forms or attorney-created papers are not automatically government identification or immigration documents merely because they concern status.

Other government identification document

Driver’s licenses, identification cards, tribal or foreign-government identification, or other government-issued identity documents may be alleged. The statutory text should guide classification of the particular object. A bank card, employee badge, school card, insurance card, lease, birth record, or photocopy may raise distinct questions about whether it is government identification, an immigration document, or only evidence connected to identity. Avoid expanding the category through labels alone.

“Of another person” requires reliable identity proof

The document must be of someone other than the accused. Names, photographs, numbers, government records, testimony, issuance history, and possession history may establish that relationship. Alias use, shared names, translation, counterfeit documents, clerical errors, multiple nationalities, and identity theft can complicate ownership. The person shown on a document, the person who physically carried it, and the person entitled to control it may not be the same.

Physical and digital versions require careful treatment

The enacted language concerns documents, but a case may involve scans, photographs, cloud copies, screenshots, or database records. Counsel should research whether the selected object fits the statute as charged rather than assuming a digital image is identical to a physical passport. Even when a digital record is relevant evidence of physical possession or concealment, it may not itself resolve the covered-object question.

Three alternative connections

The document conduct must be linked to trafficking in one of three specified ways

Clause (1): “in the course of” an incorporated violation

The state should identify whether it relies on labor trafficking under § 609.282 or conduct under § 609.322 and name the exact subdivision. Current § 609.282 punishes knowing labor trafficking through several result- and circumstance-based tiers. Current § 609.322 contains first- and second-degree solicitation, inducement, promotion, profit, and sex-trafficking theories plus aggravating factors. A label such as “trafficking” does not prove an incorporated violation. Each required act, mental state, definition, age or aggravating fact, and offense-date provision must be established.

The phrase “in the course of” requires a connection between the document act and the underlying violation. Timing is relevant but not always enough. A document returned, stored, or lost during the same broad period as an alleged work or sexual relationship may have no functional link to trafficking. Conversely, a taking or concealment used to control movement or sustain an unlawful arrangement may be central. Communications, instructions, return requests, travel plans, work records, custody history, and the full chronology matter.

Clause (2): “with intent to violate” an incorporated statute

This alternative focuses on the accused person’s purpose when knowingly handling the document. Unlike clause (1), its text does not expressly require that the intended § 609.282 or § 609.322 violation be completed. The state still must prove intent directed to a legally sufficient incorporated offense. An employer’s plan to process immigration documents, an attorney’s litigation preparation, a family member’s travel planning, a hotel’s safekeeping procedure, or a government employee’s official work should not be converted into criminal intent through ambiguity or hindsight.

Intent evidence may include threats, promises, debt records, recruitment communications, work rules, payment arrangements, travel control, isolation, advertisements, customer records, instructions to hide papers, false explanations, or admissions. The defense should seek complete conversations and surrounding conduct. Translations, cultural practices, power differences, immigration anxiety, and informal arrangements require careful fact development without stereotyping either the accused or the alleged victim.

Clause (3): restricting movement to maintain labor or services

This approach has its own detailed sequence. The person must act to prevent or restrict—or attempt to prevent or restrict—another person’s liberty to move or travel. The restriction must be without lawful authority. It must be undertaken in order to maintain that person’s labor or services. And the person must be or have been a victim of a violation of § 609.282 or § 609.322. Proving possession of an ID does not silently prove all of those propositions.

Actual prevention is not required when an attempt is charged

Clause (3) expressly includes an attempt to prevent or restrict movement or travel. The state may therefore proceed even if the person recovered the document, left, traveled anyway, or obtained a replacement. But the evidence still must establish the accused person’s qualifying purpose, conduct beyond mere abstract concern as required by the charge and controlling attempt law, lack of lawful authority, labor-or-services objective, and victim-status predicate.

“Maintain labor or services” is a purpose element

The alleged document act must be directed to keeping the person’s labor or services—not simply obtaining leverage over an unrelated dispute. Wage disagreements, repayment obligations, housing conflicts, relationship disputes, child-custody issues, or efforts to secure attendance can be serious without automatically satisfying this purpose. The prosecution should specify what labor or services were being maintained, for whose benefit, under what arrangement, and how the document conduct was intended to maintain them.

Introductory limitation

“Unless the person’s conduct constitutes a violation of § 609.282” must be addressed count by count

Section 609.283 begins with a limitation pointing to direct labor trafficking. Current § 609.281’s definition of forced or coerced labor or services itself includes destruction, concealment, removal, confiscation, withholding, or possession of another’s actual or purported passport, immigration document, or government identification. Document conduct can therefore be part of the means used to establish a § 609.282 labor-trafficking charge.

The introductory language does not justify a categorical promise that a § 609.283 count always merges, is always a lesser-included offense, or can never accompany another trafficking count. The answer can depend on what conduct and victims each count covers, the charging document, the incorporated sex-trafficking theory, Minnesota’s multiple-punishment law, and controlling decisions. Counsel should require the prosecution to identify the distinct conduct and preserve charging, instructions, verdict, conviction, and sentencing arguments.

Current labor-trafficking definitions changed in 2023

For alleged conduct on or after August 1, 2023, § 609.281 uses an expanded definition of forced or coerced labor or services that includes implicit or explicit threats, schemes, plans, patterns, physical restraint, sexual contact, sufficiently serious bodily, psychological, demonstrable economic, or demonstrable reputational harm, abuse or threatened abuse of legal process, and specified document conduct. It also defines labor trafficking through listed acts in furtherance of debt bondage, forced or coerced labor, slavery-like practices, or coerced organ removal, plus a separate knowing-or-reason-to-know profit theory. Earlier conduct requires the earlier definitions.

Current sex-trafficking law also has offense-date layers

Section 609.322 has been amended repeatedly, including degree and penalty changes. A § 609.283 page cannot substitute today’s version for an older alleged offense. For clause (1) or (2), identify the target § 609.322 subdivision in force when the document conduct occurred. Determine whether the theory involves solicitation or inducement of a minor, promotion, profit, sex trafficking, age, a prior qualified offense, harm, duration, multiple victims, or another then-existing element.

Offense-date law

The offense began in 2005; the minor-victim penalty began in 2006

2005 Minnesota Laws chapter 136, article 17, section 17 enacted § 609.283 effective August 1, 2005 for crimes committed on or after that date. The original law used the same five document verbs, actual-or-purported document categories, three trafficking connections, introductory § 609.282 limitation, and consent-or-age provision. It provided a single maximum of five years and/or $10,000.

2006 Minnesota Laws chapter 260, article 1, section 21 reorganized the text into subdivisions and added the current higher penalty for a crime involving a victim under 18. That amendment became effective August 1, 2006 and applies to crimes committed on or after that date. The five-year/$10,000 theory remained for other cases.

A date range requires act-by-act analysis

Alleged possession or concealment may span days, months, or years; underlying trafficking allegations may have their own date range. Identify when the accused first learned of the document, when control began and ended, every request and response, travel events, work or service periods, and any acts occurring across statutory amendments. Do not assume that continuing possession after an amendment automatically makes every earlier act subject to the later penalty.

The incorporated offense version can change the nexus

Even when § 609.283’s words did not change, later amendments to labor- and sex-trafficking law can affect what clause (1) or (2) incorporates. A prosecution must use the law applicable to the alleged offense date without violating ex post facto principles. The defense should compare complaints, instructions, verdict forms, and plea language to the correct official editions.

Document, digital, and testimonial evidence

Build a custody-and-purpose chronology instead of relying on a dramatic photograph

Document custody

Record when the document was issued, who normally kept it, when and why custody changed, where it was stored, who had keys or passwords, who could retrieve it, what copies existed, whether it traveled with the person, whether return was requested, when it was returned or recovered, and what happened afterward. Seizure photographs should be matched to inventory, location, container, access, and chain of custody.

Communications and translation

Messages may show a request for safekeeping, instructions to surrender papers, threats, travel planning, work rules, a dispute, an attempt to return the document, or an unrelated explanation. Obtain full threads, native exports, attachments, voice messages, call records, and surrounding dates. When evidence is translated, identify the translator, qualifications, source language, dialect, transcription method, ambiguity, and whether jurors will receive the original and competing translations.

Work, debt, housing, and travel records

Clause (3) may require evidence of labor or services and the purpose to maintain them. Payroll, schedules, time records, contracts, recruitment materials, payments, deductions, debt ledgers, housing records, transportation, tickets, reservations, border history, medical records where lawfully obtained, and witness testimony can test the claimed arrangement. A difficult or unlawful employment practice is not automatically trafficking, and lawful pay does not automatically disprove coercive conduct; apply the incorporated definitions.

Digital evidence and attribution

A scanned passport in email or cloud storage can help establish identity, communication, or custody without proving who possessed the original or why. Examine account ownership, access logs, device artifacts, file creation and modification, uploads, downloads, sharing, deletions, backups, synchronization, remote access, and other users. Preserve native files and metadata. Screenshots or filenames alone may omit authorship, source, context, and whether a file was opened.

Authentication, original-content, and summaries

Rule 901 requires evidence sufficient to support a finding that an item is what the proponent claims. Rule 1002 addresses proof of content; other evidence rules govern duplicates and alternatives. Rule 1006 allows summaries of voluminous admissible material subject to access to the underlying material. A chronology, debt chart, message digest, or travel summary should disclose its sources, selections, translations, calculations, and omissions.

Relevance and unfair prejudice

Rules 401 and 403 require attention to actual probative value and listed dangers. Immigration status, foreign language, cash payments, shared housing, family sponsorship, cultural practices, adult entertainment, or travel can invite improper assumptions. Evidence should be tied to a charged act, knowledge, incorporated offense, restriction, purpose, age, or another legitimate issue—not used simply to make a person or relationship seem foreign or suspicious.

Discovery and investigation

Minnesota Rule of Criminal Procedure 9 governs disclosure. Requests may address original documents, images, inventories, warrants, provider or government records, interview recordings, translations, immigration-related records, work and payment files, digital extractions, expert reports, underlying trafficking evidence, exculpatory information, witness benefits, and age proof. Protective measures may be necessary for sensitive identities or immigration information while preserving the defense’s ability to test the charge.

Penalty and sentencing framework

The felony is unranked, so the court must assign and explain a severity level

Unranked does not mean no Guidelines analysis

Guidelines § 2.A.4 requires a sentencing court handling an unranked offense to assign an appropriate severity level and state why that level was selected. The court may consider the gravity of the specific conduct, ranked offenses with similar elements, levels assigned in other cases under the same unranked offense, and levels assigned to other offenders engaged in similar conduct. The parties should present an evidence-based comparison rather than simply borrow the ranking of the most serious charged trafficking count.

After a severity level is assigned, the offense-date Guidelines and criminal-history score inform the presumptive sentence, subject to mandatory statutes, departure law, and the conviction record. Section 609.283 itself states no universal mandatory minimum. A statutory maximum is the outer limit, not a forecast. Because the minor-victim theory changes that maximum, age must be treated as an offense-level penalty fact, not merely background.

The document statute has no offense-specific fine floor, but the general felony rule still matters

The five- and ten-year theories carry maximum fines of $10,000 and $20,000. Section 609.101, subdivision 4, generally requires a fine of at least 30 percent of the authorized felony maximum when no more specific minimum-fine provision controls. The corresponding statutory starting amounts are $3,000 and $6,000. They are fine rules, not prison minimums, and are additional to the surcharge, imprisonment, and restitution.

Under section 609.101, subdivision 5, the minimum fine may be reduced to no less than $50 if the person qualifies for public-defender services or the court makes the required indigence or immediate-hardship finding. Community work service may be permitted instead of a fine, and installments may be authorized. The offense-date version and the final conviction theory must be checked before applying those provisions.

Restitution and civil liability are distinct

Restitution may involve costs directly caused by the offense of conviction, but the court must apply §§ 611A.04 and 611A.045. Travel, replacement documents, lost wages, relocation, counseling, security, or other claimed losses require proof, causation, reasonableness, and attention to duplication and recovery. Section 609.284 separately permits a labor-trafficking victim to bring a civil action against a person violating § 609.282 or § 609.283 and authorizes damages, potentially punitive damages, reasonable attorney fees, and other reasonably incurred litigation costs. A civil claim is not the same as criminal restitution.

Businesses can face additional remedies

If a corporation or business enterprise is convicted of § 609.282, § 609.283, or § 609.322, § 609.284 permits the court, when appropriate, to order dissolution or reorganization, suspend or revoke specified state licenses, permits, or prior approvals, or affect the entity’s charter or certificate to conduct business. These remedies are not automatic. The entity, conviction, governing authority, proportionality, and requested order should be separately litigated.

Collateral consequences require individualized advice

A trafficking-related felony record can affect immigration, employment, professional licensing, business operations, government contracting, housing, travel, and reputation. Immigration consequences require qualified immigration counsel reviewing the exact statute, plea, record, and status. A page cannot promise expungement or licensing treatment. Negotiation should consider wording, count selection, admissions, age, the incorporated offense, restitution, and parallel civil or administrative exposure.

Defense analysis

A reliable review follows the document from issuance through recovery

Was the object covered?

Inspect the original or best available evidence. Identify issuer, form, validity, purported status, owner, and whether it is government identification or an immigration document rather than a private record. Preserve challenges to digital images, copies, translations, and hearsay. Do not concede a category because an investigator called the item a passport.

Which verb describes the conduct?

Determine whether the state alleges destruction, concealment, removal, confiscation, or possession. Ask who placed the document where, who controlled access, what the accused knew, whether possession was joint or temporary, whether it was returned, whether it was actually hidden, and whether damage occurred. Challenge instructions that allow guilt without agreement on a legally sufficient alternative where unanimity law requires more.

Why was the document held?

Gather communications and witnesses showing safekeeping, authorized processing, travel planning, identity verification, legal representation, emergency assistance, government action, lost-property handling, or another lawful explanation. Permission is not a complete statutory defense, but the arrangement can be powerful evidence about knowledge, confiscation, lawful authority, trafficking intent, movement restriction, and credibility.

What incorporated offense applies?

For clause (1), analyze every element of the offense-date § 609.282 or § 609.322 violation. For clause (2), identify the intended offense and evidence of purpose. Do not allow current expanded definitions to be applied to earlier conduct. Distinguish poor labor practices, wage violations, controlling relationships, prostitution allegations, and immigration violations from the exact incorporated crime.

Can clause (3)’s complete chain be proved?

Require evidence of restriction or attempt; liberty to move or travel; absence of lawful authority; purpose to maintain labor or services; and a person who is or was a trafficking victim. Examine access to replacements, transportation, money, communication, exits, community, and government assistance without treating any single fact as conclusive. A person’s inability or reluctance to leave can have multiple causes.

Was age proved for the enhanced penalty?

Confirm identity, date of birth, document authenticity, relevant offense date, and who the statute treats as the victim. Challenge an unsupported assumption or a record belonging to another person. The no-age-defense clause does not relieve the state of proving the penalty fact.

Were searches, seizures, and statements lawful?

Review warrants, affidavits, scope, particularity, execution, consent, private searches, border or immigration-agency involvement, subpoenas, device and cloud process, document inventories, interrogation, Miranda, language access, and voluntariness. The available remedy depends on the facts and current law; suppression should be investigated, not promised.

Resolution and trial choices

Plea wording should not accidentally admit a more serious trafficking theory

A proposed factual basis may have consequences beyond the five- or ten-year § 609.283 ceiling. Statements that the document was taken to compel work, further sex trafficking, or constitute forced labor may support an incorporated offense, civil claim, restitution request, immigration consequence, licensing action, or entity remedy. Before agreeing, identify the exact verb, document, connection, victim, age, date, maximum, unranked Guidelines proposal, dismissed counts, restitution scope, and collateral priorities.

For trial, use a visual custody-and-purpose timeline: issuance, normal holder, transfer, storage, access, alleged trafficking events, return requests, movement and travel, work or services, recovery, seizure, and later interviews. Map each fact to the introductory limitation, knowing act, object, ownership, selected clause, and age tier. The structure helps prevent a serious trafficking narrative from substituting for an unproved statutory link.

Immediate preservation

Preserve originals and complete communications; do not move or alter documents

Keep court papers, warrants, inventories, photographs, scans, envelopes, storage records, complete messages, voice recordings, translations, work and payroll records, debts and payments, travel plans and tickets, immigration or attorney communications subject to privilege, return requests, access logs, surveillance, location evidence lawfully obtained, and witness names. Record where each original is held without accessing another person’s account or violating an order.

Do not destroy, hide, return secretly, alter, copy without authority, or move a disputed document after learning of an investigation. Do not delete messages, wipe devices, coordinate accounts, threaten a witness, or contact a represented person. Counsel can arrange lawful return or preservation, protect privilege, request short-retention evidence, and use an investigator or expert without creating new conduct.

Related guides

Continue with the incorporated trafficking statutes and court process

How I would work up this charge

A lawyer’s file review of Document-Related Labor and Sex Trafficking Offenses in Minnesota

Most bad early advice comes from answering the charge label instead of reading the charging clause. I begin with the operative count and work outward: definitions, exceptions, enhancement facts, evidence, procedure, and only then possible outcomes.

Read the count as a set of propositions the State must prove

The right starting point for Document-Related Labor and Sex Trafficking Offenses in Minnesota is Minn. Stat. §§ 609.283, 609.281, 609.282, and 609.322, read as it existed when the conduct allegedly occurred. I break the charge into the facts the law truly requires instead of treating the offense name as proof. Any fact that raises the degree or punishment gets its own question: who says it happened, what record supports it, and does the evidence satisfy the definition the statute uses?

I then place those answers on a timeline and test them against the complete record. A police summary may describe a witness, video, message, test, or prior conviction, but the underlying source matters more than the summary. Gaps, inconsistencies, and legal objections should be evaluated separately so that a real weakness is not confused with a technical complaint that has no remedy.

The evidence I would ask for first

For Document-Related Labor and Sex Trafficking Offenses in Minnesota, I would not begin with a canned list of defenses. I would begin with the source file: the charging paper, every police report, uncut recordings, witness interviews, warrants and returns, device and account records, photographs with metadata, expert or laboratory material, certified prior records, court orders, and any document the prosecution relies on to prove an element or increase the classification. A police summary can identify what an officer or witness says happened, but it cannot substitute for the recording, photograph, data, or document being summarized. The same is true of a complaint. It identifies the prosecution’s theory at the start of the case; it does not prove the theory.

I put those materials on one chronology. That lets me see what was known at each decision point, which account was contemporaneous, what appeared only after people spoke with one another, and where the record is silent. It also keeps an admissibility question separate from a factual one. A fact can be disputed even if the evidence was lawfully obtained. Evidence can also be accurate yet inadmissible for a particular purpose. Those are different arguments and should not be blurred together.

Read the charging document against the offense date

The alleged date matters because statutes, penalty thresholds, definitions, sentencing rules, and published decisions change. I save the version in force on that date and read the session-law history when the current online text is different. I also check whether a later amendment was merely clarifying or made a substantive change; that is a legal question, not an assumption. The same discipline applies to prior convictions and administrative events. A prior must fit the definition the charged statute actually uses, fall within any stated lookback period, and be proved by a reliable record.

I then compare the formal count with the probable-cause narrative and the discovery. If the prosecution’s theory shifts, I want the amended pleading and enough detail to prepare. If several factual alternatives are alleged, I identify whether they are separate elements, alternative means, enhancement facts, or merely evidentiary details. That distinction affects notice, motions, jury instructions, unanimity arguments, and how a verdict form should be read.

Separate an evidentiary weakness from a suppression issue

Not every troubling fact produces a motion to suppress. Suppression ordinarily requires a constitutional, statutory, or rule-based violation with a remedy that reaches the evidence at issue. A weak identification, an incomplete investigation, or a witness inconsistency may be powerful at trial without making evidence inadmissible. By contrast, a stop, search, interrogation, identification procedure, warrant, or test can raise a legal issue even when the resulting evidence appears incriminating. I analyze both tracks and do not promise dismissal simply because one problem exists.

For a search issue, I reconstruct what officers knew before each intrusion and what authority they claimed. For a statement, I examine custody, questioning, warnings, voluntariness, recording, and the complete context. For scientific or technical evidence, I request the method, underlying data, quality-control material, uncertainty information, and chain of custody. For hearsay or confrontation questions, I identify the actual statement, its purpose, the declarant, and the proposed foundation. Specificity matters; “the evidence is bad” is not a motion.

Prepare negotiation and trial at the same time

A plea decision should be compared with the case the State could present at trial, not with the complaint’s maximum penalty in isolation. I want to know the strongest admissible proof, the weakest required element, the realistic motion practice, the likely instructions, and the consequences of every proposed disposition. That includes custody, probation, treatment, restitution, driving, firearm restrictions, registration, employment or licensing, immigration consultation, family-court effects, and record consequences when they are actually triggered. I avoid telling a client that every collateral consequence applies to every conviction.

Trial preparation gives negotiation its credibility. Witness interviews, exhibit review, motions in limine, expert consultation, demonstrative evidence, jury instructions, and a clean theory of the case force both sides to confront what can be proved. Negotiation can continue while that work is underway. The two tracks are not opposites.

A case-law point worth keeping in its proper place

Appellate decisions matter, but a quotation should not be detached from the issue the court was deciding. In State v. Fleck, 777 N.W.2d 233, 236 (Minn. 2010), the Minnesota Supreme Court described sufficiency review as viewing the evidence “in the light most favorable to the conviction.” That is an appellate-review rule, not a reduction of the State’s trial burden. At trial, the prosecution still must prove every element beyond a reasonable doubt. I cite the case for the proposition it actually decided and then return to the charged statute, the jury instructions, and the admissible evidence in the present file.

What I would want you to understand before choosing an outcome

You should be able to identify the exact charge, the facts that set its level, the disputed elements, the evidence that matters most, the motions that have a legal basis, the realistic trial issues, and the concrete effect of each proposed resolution. If an answer depends on a missing report, recording, expert opinion, or certified record, I will say so. An honest answer about what remains unknown is more useful than a confident guess.

Official authorities reviewed

Statutes, session laws, Guidelines, and court rules

Official exact-citation research did not identify a published Minnesota appellate opinion comprehensively construing § 609.283. Final review must repeat the appellate, instruction, offense-version, incorporated-offense, penalty-fine wording, Guidelines, constitutional, evidentiary, restitution, civil/corporate, collateral, and full-page quality checks. This draft does not invent controlling definitions or promise a result.

Legal information, not legal advice. This guide provides general information about Minnesota law. It does not create an attorney-client relationship. Case-specific advice requires review of the facts, charges, offense date, evidence, and applicable law and begins only after attorney and client agree to representation.