Falsely Convicted of Kidnapping? 3 Common Defenses for the Wrongfully Accused
Kidnapping is a real issue and much more common than it should be. Nevertheless, that doesn’t mean that every person convicted of kidnapping is worthy of jail time. If you have been wrongly accused of kidnapping, or want to learn more about common legal defenses to kidnapping charges in California, then continue reading.Wrong Place at the Wrong Time
We have all been in a situation where we were at the wrong place at the wrong time. And while most of these types of situations may merely make you frustrated or embarrassed, some can land you in criminal waters—and with kidnapping charges. For example, if you happened to be driving with a friend who, after getting pulled over for speeding, a police discovers a woman unconscious in the trunk, then you may be arrested for kidnapping because you were in the car with your friend (who you now know is a terrible friend). Fortunately for you, if you can prove that you were merely present at the time and place of the crime and did not help facilitate, help instigate, or even know your friend’s plan, you should be acquitted.Consent to Movement
Let’s say that you went to a bar one night and met a nice person who, after chatting it up, decided to drive with you back to your place. However, in the middle of the night, that person became uncomfortable and decided to leave. You let the person go and did not keep them at your house against their will. The next day, you found out that the person decided to press kidnapping charges on you. In this situation, you should feel confident because, if the person willingly and with full consent allowed you to drive them to your house, then it cannot be considered kidnapping.You Have Lawful Custody
Fighting custody battles can be a sensitive, tricky situation. Nevertheless, there are things that you can do to protect yourself and your legal privileges as a parent. If you feel that you have been falsely accused by an ex-spouse or ex-partner of kidnapping, know this: If you have lawful custody of your children and are legally maintaining the parameters of your legal obligations, you do not need your ex’s permission to transport and travel with your child; therefore, you cannot be charged with kidnapping. It is not fun or fair to be wrongfully accused of something that you know you didn’t do. If you ever find yourself being falsely convicted of kidnapping, you should speak to your lawyer. If you have further questions, talk to a kidnapping lawyer and they can help you understand your rights. No one should be falsely accused of kidnapping. Click here to consult with a kidnapping lawyer who can help you defend your rights and get you acquitted of any charges!Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.