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Kidnapping Laws

Kidnapping is a very serious crime. It is the stealing, carrying off, or abduction of someone by force or fraud. It is commonly used for a hostage situation, in which the kidnapper would extract some sort of ransom for the person they have taken. Many governments have special task forces that deal with this crime specifically. Kidnapping is illegal and can result in penalties. For more information about the kidnapping laws contact the Experts.

What would the sentence be for conspiracy to commit a kidnapping?

This is considered to be a very serious offense, especially if the kidnapping had been carried out. The fact that a person was planning a kidnapping but decided against it in the end is a point in that person’s favor. Depending on the circumstances of the case and the type of kidnapping that was being planned, the sentence could be anywhere from eight years to a life sentence without the possibility of parole.

If a person was charged with kidnapping a minor but the person that was kidnapped came with the alleged kidnapper willingly, should a plea bargain be made or should the charged go to trial?

The decision of whether a plea bargain should be made or the person should go to trial should depend on the person’s innocence or guilt. If the person feels like they have a case or that they could win, or if they are just plain innocent, then the person should consider going to trial. If the chances of the person winning the case are slim to none, a plea bargain should be thought about being made. Usually in a case like this, if the defendant decides to go on trial and is found guilty, the sentence that they will be charged with will be more severe than it would have been if a plea bargain had been made.

Is it possible for a parent to be guilty of kidnapping if they are not married to the child’s other parent, and no voluntary declaration of parenthood has been made by that parent?

In situations like this, it really all depends on the exact circumstances and stability of the parent. Based on this certain situation, the parent would most likely not be charged with kidnapping their child. If there has been no establishment of parenthood on the other parent’s part and no restrictions have been made by the court for that particular parent, there should be no issue with that parent taking their child.

If someone has been accused of kidnapping and has a court appointed attorney to represent them, and there is suspicion that the attorney is trying to put this person behind bars instead of prove their innocence, what are some things that can be done?

In a situation like this, there are not many different choices on what can be done. If there is no money to hire a private lawyer, the only other option would be to see if there would be a criminal defense attorney that would be willing to possibly take the case on for free. If neither option works out, the only thing that one can do would be to trust the attorney that was appointed to them.

If a person has been charged with aggravated kidnapping, what are the possibilities of getting that person’s bail reduced?

The first thing this person would need to do would be to hire an attorney if one can be afforded. Once the person has someone to help with their defense, the lawyer would file for a motion to ask for a reduction in the bail. The decision on the bail being reduced or not would ultimately depend on the criminal history of the person that is being charged. The court would also consider if they thought the defendant to be dangerous to the public in any way, along with other factors. If the court decided to lower bail, they would put restrictions on the defendant that would try to prevent that person from getting into this kind of situation again.

Kidnapping always has and always will be a very serious offense. It is one of the most dreaded crimes that can be committed and is a very terrifying situation for the victim. There are naturally many questions about the technicalities of what is considered a kidnapping. Many people need help with what to do when charged with a kidnapping. It is always a good idea to ask the Experts when any questions arise.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2456
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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5 Criminal Lawyers are Online Now

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Fran L.
JustAnswer Criminal Law Mentor
Satisfied Customers: 8061
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Lawyer
Satisfied Customers: 1625
Over 10 years of criminal defense practice.

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