The Victim Gave Consent
One of the most common defenses used against kidnapping charges is that the victim actually gave consent. This means that the person who went with the alleged kidnapper originally did so because he or she wanted to do so. At some point during their travels the ‘victim’ decided that they no longer wanted to be with the kidnapper and became fearful, regretful, or angry. This is usually what then leads to the claim of kidnapping and the subsequent arrest and charges filed.
If you are able to somehow prove that the victim consented to go with you, then you should be able to have the charges dropped. This will take a lot of convincing on your part and the part of your criminal defense attorney, but it can be done. Either the victim will need to admit that there was originally consent present or you have witnesses who will testify on your behalf that you actually did not kidnap the victim.
Allegations are False
It is not uncommon for the allegations made against someone for kidnapping to be false. False accusations of kidnapping usually stem from domestic disputes. Either the spouse or significant other will make a claim that the other person in the relationship kidnapped them as a way to get them in trouble. It also happens by one person claiming that the other kidnapped their children after leaving following a fight, even if they were simply taking them to dinner or it was their turn to have the children per the custody agreement in place.
Legal Right to Custody of a Child
Many kidnapping claims arise when the parents of children are feuding. One parent might call the police making a claim that their child was just kidnapped by the other parent. If you have a legal right to custody of your child, then this is a defense you should use immediately when facing kidnapping charges in Chicago.
The same can be said if you are preventing your child from seeing the other parent and are accused of kidnapping. Many parents will refuse to let their children see the other parent for reasons such as a history of abuse, neglect, drug use, or alcoholism. These are all justifications for your actions if charged with kidnapping.
Mental Illness
When a person commits the crime of kidnapping but suffers from a mental illness, it is possible to use this defense in an effort to have the charges dropped or reduced. The argument here is that a person with a mental illness did not know what they were doing when the kidnapping occurred and that they did not have control of their own body at the time.
Have you been charged with kidnapping in the Chicago area? If so, it is time to protect your rights and fight for your freedom by speaking with an experienced criminal defense attorney. Contact the office of David Freidberg at 312-560-7100 to schedule a consultation about your case. You do not want to risk your freedom by relying on the accuser dropping their case against you.
(image courtesy of kira-auf-der-heide)