If you’re in the process of being accused, arrested or charged with a kidnapping offence, it’s important that you take the immediate action of contacting a lawyer. By acting early, you will be setting yourself up to get a more favourable result in your case.
Kidnapping is not the same as the offence of child abduction. The difference is that with kidnapping, the person is taken by a stranger. In contrast, with child abduction, it’s typically a parent taking a child out of the country without the agreement of the other parent.
To provide you with greater understanding about what the kidnap offence is, we have posted some of the questions that our clients usually ask. Our goal is to provide you with the support you need currently both emotionally and legally.
If you have questions that you cannot find the answers to here, then call us on 0208 888 5225. We have experience of defending a significant number of kidnap cases and can advise you on what you need to know if you are in an investigation like this.
Being involved in any police investigation is likely to lead to sleepless nights, worry and anguish. You will be concerned with your reputation and the desire to clear your name.
If you are a professional, it can be even more concerning. You will worry about what allegations of this nature can do with regards to damaging your career and lifestyle. It is understandable if you feel under immense pressure.
Charged or arrested for a kidnapping offence?
Being charged or arrested for an offence as serious as that of kidnapping, can lead to a downward spiral of worry and concern. With there being more wealth in the country, kidnapping is on the rise with the belief that it is a way to make money. However, it’s an offence that has a severe penalty attached to it, if you’re found guilty and convicted.
Sometimes kidnapping is related to the crime of false imprisonment. If you are charged or arrested with either offence, you must secure legal advice as quickly as possible. Taking this first crucial step will ensure that you have a better defence strategy.
When you’re accused of a crime, it’s the prosecution’s role to prove your guilt rather than for you to verify your innocence.
Our solicitors have had success at weakening the prosecution in even the most determined kidnapping cases. We use expert forensic analysts to find flaws and holes in the evidence.
What type of actions are considered kidnapping?
The most common kidnapping acts include:
Kidnapping a person – for example, when somebody is either taken or carried away by fraud or force. The person does not consent to be taken, and there is no lawful reason why the offender should take them.
False imprisonment – most kidnapping cases lead to a false imprisonment offence. The victim is typically detained or confined after being moved by the kidnapping offender.
Being investigation for either of these offences is a serious matter that can severely impact your future career prospects, financial opportunities and lifestyle. If you are under investigation for any of these offences, it’s important to take professional legal advice as soon as you can.
What happens in a kidnapping investigation?
Anybody who is involved in a kidnapping investigating will be feeling under pressure. It’s a very worrying time, and you’ll wonder what effect this will have n our primary relationship, that with your children, your parents and friends. You’ll also be concerned about how your career or business will be impacted.
If you’re convicted and given a prison sentence as a penalty, there will be worries about how you will be able to continue to pay for the needs of dependents such as rent, mortgage, utility bills and food. Everything will feel upside down.
Have you been falsely accused of kidnapping?
If you have been falsely charged with kidnapping, but you know that you didn’t take, carry or transport a person to somewhere without their consent, then you still need to seek legal advice as quickly as you can.
Instruct a legal advisor as soon as you can
If you have been accused of the offence of kidnapping, it is of utmost importance that you seek legal assistance without delay. The faster your legal team is engaged, the better your chances of success. Our team are here to listen to your side of the case, to talk you through the process, and to put together a defence that will be in your best interests.
Have you been charged or arrested with kidnapping?
Get in contact with a legal professional immediately. You will need to arrange for them to come to you at the police station to represent you in the case of any police interview.
We will listen to your account of what happened and then work out the best way to serve you. As part of our work, we will analyse what the prosecution is stating so that we can contest it. There are often weaknesses in the evidence that a prosecution presents, and we will aim to find it and pull it to pieces.
As part of our work, we engage brilliant specialist forensic analysts who can find ways to pull apart evidence so that it weakens the argument of the prosecution. Our forensic analysts are experts in mobile phone evidence, surveillance camera evidence, DNA, fingerprints and more.
Can the police search my home?
The police will request authority to search your home from the courts. The police aim to find further evidence that they can use against you in court.
What type of sentence could you get for kidnapping?
Depending on what you are charged with and what happened, you may be imprisoned for anywhere between six months and seven years. Whether your trial is held in a magistrates court or a crown court will affect the time of your penalty.
Read more about sentencing for Kidnapping offences
What mitigating factors may be considered in sentencing?
The Judge’s decision on your sentence will take into consideration what happened, how vulnerable the victim is, whether you used a weapon or demanded a ransom. There will also be a consideration on how many people were involved and whether any other offences were committed at the time.
Other factors that are considered are how much damage the victim underwent and is currently undergoing – mentally, physically and emotionally.
Could you go to prison for kidnapping?
Kidnapping is an offence that the courts take very seriously. Most often, you will receive a prison sentence for it if you are found to be guilty and convicted. That prison sentence may be between six months and seven years, depending on what happened.
Does a conviction for kidnapping go on your criminal record?
If your kidnapping case progresses to court and you are found guilty, you will be given a permanent criminal record.
Having a criminal record on your name can interfere with a future career, personal relationships, financial lending opportunities, plus other factors. It’s something that everybody should try to avoid.
Avoiding having a criminal record tied to your name is something most people want. It’s a slur on your reputation that can affect a wide range of opportunities and lifestyle choices.
How can Stuart Miller Solicitors help you?
Kidnapping is dealt with in court, and this can be hugely distressing. Although there is a principle of everybody being ‘innocent until proven guilty’, there will still be an assumption that you are guilty until your innocence is proven.
The benefit of using Stuart Miller Solicitors for your defence is that we have over thirty years of experience. We have shown that we will do all we can to challenge the case brought by the prosecution. Our expert witnesses will examine every piece of evidence and find ways to make it valuable to your defence.
Of course, battling charges as serious as this may give you interrupted sleep, depression and anxiety. Being under pressure can impact your relationships, your wellbeing and the operation of your business.
Most people in the position you now find yourself battle with the ‘what if’ syndrome when you consider all kinds of outcomes from your trial. It is, therefore, of fundamental importance that you hire a lawyer who has the ability and experience of creating an influential defence strategy.
Stuart Miller Solicitors have the vigour and determination to win many of the legal cases that they take on. What they do differently is to work together to create the most robust of defence strategies and find weaknesses in the evidence that the prosecution brings to the case. Any case that we agree to take on has some of the best legal minds in the country applied to it, which is what can transform it, leading to another far more favourable outcome.
In addition to bringing legal expertise, Stuart Miller Solicitors understand how important it is to feel supported throughout the challenge. From the initial police station interview, right through to the end of the trial, we are there for our clients. We will provide you with information about how to navigate being under police investigation and how to get through a trial.
What will happen when I hire a kidnapping solicitor?
When you decide to hire a lawyer, you may have already been arrested or charged with kidnapping. The police may have already informed you that anything you say will be used against you in court as evidence.
The situation in which you now find yourself can mean that you will have to attend a court case to prove your innocence. If you know that you weren’t involved in a kidnapping, or even if you were, having a specialist lawyer on your side means that you have access to the legal expertise that may also get your case dismissed before it reaches court.
Typically, the first stage you will have to go through is the police interview where you will be questioned and grilled to ascertain your role in the offence. By taking a legal advisor with you, they will be able to ask to see any further evidence that the police already hold on you. If you do not take a lawyer with you, you will not be able to demand to see it, and you may well walk into a ‘trap’ set within the police’s questioning.
Discuss your case with us
We invite you to discuss your case with us. We offer a thirty-minute consultation with a member of our legal team, for no charge. It’s not only an opportunity to ask questions that you may have about your situation, but it’s a chance to get to know us here at Stuart Miller Solicitors. You can ask about our previous successes, what our working process is and what you can expect to receive in terms of support in return for hiring us. If you would like a no-obligation chat with us, then call us today on 0208 888 5225.
Stuart Miller Solicitors can also represent you at the police station and investigate the securing of your Legal Aid. If some reason you don’t qualify for Legal Aid, then you should know that we offer competitive prices and don’t add on charges without discussing them beforehand, as far as we can.
Please contact us for a face to face meeting or a telephone call. There is a WhatsApp link at the bottom of the page if that is your preference.