Newark, NJ Kidnapping Defense Lawyer
There are two types of Kidnapping: where the victim is held as a hostage or taken for ransom, and where the victim is taken to facilitate another crime, to terrorize the victim, or to permanently deprive a parent of a child’s custody.
If you are charged with kidnapping, criminal restraint, or false imprisonment, contact criminal defense attorney Howard Bailey at 973-982-1200 for a free consultation to discuss what steps need to be taken to defend your rights and freedom.
Defense for a Kidnapping Charge
There are several different types of defenses that need to be examined to see if they apply to your case. Was the victim taken under a reasonable belief that it would protect the victim from imminent harm? Was there a reasonable basis to believe that the parent had taking was consented to by the parent?
In a recent case, Howard Bailey represented a client who had medical issues that led her to believe that a child she saw on the sidewalk was her child, and the client led the child away. Since the client believed she was acting appropriately to protect and care for her own child, the prosecution agreed that a conviction for kidnapping was not called for, and the charge was disposed of in a way that benefited the needs of the client.
Downgrading the Crime
This charge is a first degree crime, unless it is downgraded. Discuss with your lawyer whether your defense can meet the following three conditions: (1) that the victim was released unharmed, (2) that the victim was released in a safe place and (3) that the release of the victim occurred before the arrest. What you do in the first 24-hours after being charged with a crime like this really does matter.
This crime is one of the most serious in the criminal code, and has a very severe prison sentence if you are convicted after trial. The time to develop a defense is as soon as possible after you are charged. Call Howard Bailey at 973-982-1200 to discuss what steps need to be taken to defend your freedom.