Kidnapping is a first-degree felony punishable by up to life in prison in the State of Florida.
When you are arrested for kidnapping, you will be held without
bond. It will take an
Arthur Hearing for the judge to even consider bond. Until the Arthur Hearing occurs,
you will remain in jail.
Kidnapping is a case based almost entirely on the testimony of an alleged
victim, unless independent witnesses can verify that the alleged victim
was taken against their will.
We see all types of kidnapping cases. Stranger kidnappings are rare. Kidnapping can be a
domestic crime when it occurs between present or former spouses, or two people with children
in common. Kidnapping can also occur where one parent takes a child away
from the other parent against the terms of their custody agreement. This
charge is specifically known as interfering with child custody.
Kidnapping and false imprisonment are two different crimes, and sometimes
the two are confused with each other. However, on its own, false imprisonment
is a third-degree felony punishable by five years in prison. It also permits
an accused person to post a reasonable bond.
Kidnapping, however, is a non-bondable life felony.
When the case is in its early stages, I like to contact the prosecutor
to see if the charges can be reduced to false imprisonment. If that is
the case, I can ask the court to issue a bond. Plus, if my client has
no priors, false imprisonment will permit them to receive a Pretrial Intervention
offer from the State should the alleged victim agree and if the client
has no priors.
However, if kidnapping charges are filed, the case will likely go to
trial. A detailed investigation of the case must be done by a good
criminal defense attorney so that the accused can be exonerated of the charges.
Remember that most cases are built on accusations. It is very easy for
somebody to
accuse another person of a crime. The difficult part comes when the State of
Florida, the prosecuting entity, must prove the case beyond a reasonable
doubt. Never forget that you enjoy the
presumption of innocence. The law assumes that you are innocent of the charges until the State
proves otherwise.
Many people get scared and quickly plead guilty to serious offenses. A
kidnapping conviction can not only send you to prison, it will make you
a convicted felon. Imagine having a kidnapping conviction on your record
for the rest of your life. Good luck finding a job in that situation.
Don't be afraid to fight back when the government is accusing you of
a crime. Your life and liberty depends on your willingness to defend yourself.
But don't go it alone. Hiring a qualified
criminal defense lawyer is the most important decision you can make when facing serious felony
charges such as kidnapping.
I am a former Miami-Dade prosecutor and current defense attorney who practices
criminal defense in Miami-Dade County and Broward County. I handle every
type of felony crime, including kidnapping.
If you or someone you know is facing kidnapping charges in Miami-Dade County,
call me to schedule a confidential consultation.