Kidnapping Defense Lawyer in Lansing MI

Kidnapping under MCL 750.349 involves restraining or confining another person without their consent for various purposes including ransom, use as a shield or hostage, facilitating another felony, causing harm, or terrorizing the victim. This charge can require movement of the victim depending on the circumstances. Common scenarios include preventing someone from leaving a room, a vehicle, or a building. Kidnapping is a serious felony in Michigan that carries significant penalties. We frequently defend against kidnapping charges that arise from domestic violence situations, arguments between romantic partners, or disputes where allegations are exaggerated or fabricated. Our defense strategies focus on consent, credibility challenges, and demonstrating that the alleged restraint was minimal or nonexistent.

Kidnapping can involve additional circumstances that make the case more serious, though all are prosecuted under the same statute, MCL 750.349. These circumstances include holding someone for ransom, using the victim as a shield or hostage, committing kidnapping to facilitate another felony, kidnapping with intent to cause harm, or kidnapping accompanied by sexual assault. Kidnapping carries a maximum sentence of life imprisonment (which is parolable in Michigan), making aggressive legal representation absolutely critical. We work with investigators and expert witnesses to challenge the aggravating factors prosecutors claim and to demonstrate that the facts don’t support the enhanced charges.

Unlawful imprisonment is a related charge involving restraining or confining someone against their will without legal authority, but typically without the movement or asportation element required for kidnapping. Unlawful imprisonment can be charged as either a felony or a high court misdemeanor depending on the circumstances. We often see unlawful imprisonment charges filed alongside assault charges or as a reduced alternative to kidnapping charges during plea negotiations. Our defense approach focuses on demonstrating that no illegal restraint occurred or that any restraint was consensual, brief, or lawful.

Child kidnapping cases present unique challenges, especially when they involve disputes between parents or family members. Michigan law criminalizes taking or retaining a child in violation of a custody order, but these cases often involve competing parental rights and misunderstandings about custody arrangements. We’ve represented parents accused of parental kidnapping who believed they were acting within their rights or who took emergency action to protect their child from harm. These cases require careful navigation of both criminal law and family law principles. We work closely with family law attorneys when necessary to resolve both the criminal charges and the underlying custody issues.

Prosecutors often charge kidnapping when they allege that a defendant moved or restrained someone during the commission of another crime such as robbery, sexual assault, or drug crimes. These cases can result in multiple serious felony charges and dramatically increased potential sentences. Michigan courts have established specific legal standards for when movement or restraint during another crime constitutes a separate kidnapping offense. We challenge these charges by demonstrating that the restraint was merely incidental to the other alleged crime and doesn’t meet the legal standard for kidnapping.

When kidnapping charges involve allegations of force, violence, or gun crimes, the stakes increase substantially. Prosecutors will seek significant prison time, and judges view these cases with particular seriousness. We’ve defended clients accused of using weapons during alleged kidnappings, and our defense strategies include challenging weapon identification, questioning whether weapons were actually used as claimed, and investigating whether the alleged victim’s account is credible and consistent.

We immediately work to secure your release on bond or the lowest possible bond amount. Kidnapping charges often result in high bonds or no bond, but we present compelling arguments to judges about your ties to the community, lack of criminal history, and reasons why you’re not a flight risk or danger to the community. 

We conduct our own investigation independent of law enforcement. This includes interviewing witnesses, obtaining surveillance video, analyzing cell phone records and GPS data, documenting the alleged victim’s history of false accusations if applicable, and identifying inconsistencies in the prosecution’s theory of the case. 

We file motions to suppress evidence obtained through illegal searches or coerced statements. We challenge the credibility of the alleged victim through cross-examination preparation. We identify forensic evidence that contradicts the prosecution’s timeline or version of events. We engage expert witnesses when necessary to challenge medical evidence, DNA evidence, or other scientific claims. 

When appropriate, we negotiate with prosecutors for reduced charges such as unlawful imprisonment, assault, or other lesser offenses. We leverage weaknesses in the prosecution’s case to obtain dismissals or favorable plea agreements. We never recommend pleading guilty unless it’s clearly in your best interest after exploring all other options. 

If your case goes to trial, we’re ready. Our trial preparation includes developing a coherent defense theory, preparing you to testify if appropriate, cross-examining prosecution witnesses to expose inconsistencies, presenting alibi witnesses or other defense witnesses, and delivering persuasive opening statements and closing arguments that create reasonable doubt.

If the alleged victim actually consented to the movement or restraint, no kidnapping occurred. This defense is particularly relevant in cases involving romantic relationships or situations where the parties knew each other. We present evidence of prior consensual conduct, communications suggesting consent, and witness testimony supporting consent.

Kidnapping requires specific criminal intent. If you didn’t intend to restrain someone or if the restraint was accidental or the result of misunderstanding, you lack the mental state required for conviction. We demonstrate through evidence that any restraint was unintentional or that you reasonably believed you had authority to act as you did. 

When parents are charged with kidnapping their own children, we assert parental rights defenses. If no custody order existed, if you acted within the scope of a custody order, or if you took emergency action to protect your child from immediate danger, these facts can defeat kidnapping charges. 

Unfortunately, false kidnapping accusations occur, especially in the context of domestic violence situations, custody battles, or after relationship breakups. We investigate the alleged victim’s motives, prior false accusations, inconsistencies in their story, and communications that contradict their claims. 

Evidence obtained in violation of your constitutional rights cannot be used against you. If police conducted an illegal search, coerced your statements, or violated your right to counsel, we file suppression motions to exclude that evidence from trial. 

The prosecution must prove every element of kidnapping beyond a reasonable doubt. We attack weaknesses in their evidence, highlight gaps in their proof, and demonstrate that their case relies on speculation rather than solid proof. 

You have an absolute constitutional right to refuse to answer police questions. This right applies before arrest, during arrest, and after arrest. Police will try to get you to talk by claiming it will help your case, suggesting that innocent people have nothing to hide, or implying that requesting a lawyer makes you look guilty. None of this is true. Talking to police about kidnapping allegations never helps your case and frequently provides prosecutors with critical evidence against you. 

You have the right to have an attorney present during any police questioning. Once you invoke this right clearly by saying “I want a lawyer” or “I will not talk without my lawyer present,” police must stop questioning you. If they continue, any statements you make can be suppressed. Never waive this right, even if you think you can explain the situation or convince police of your innocence. 

Police need a warrant to search your home, vehicle, or personal belongings unless specific exceptions apply. These exceptions include consent (never consent to a search), plain view of contraband or evidence, search incident to arrest in limited circumstances, exigent circumstances like preventing destruction of evidence, and automobile exception under certain conditions. If police search without a warrant and without a valid exception, we file motions to suppress all evidence they obtained. 

When you’re arrested, police must inform you of the charges against you. You have a right to understand what crime you’re accused of committing and to receive formal written charges through a complaint or warrant. 

While kidnapping charges often result in high bonds, you have a right to a bond hearing where a judge considers whether to release you and under what conditions. We argue aggressively for the lowest possible bond or release on personal recognizance, presenting evidence of your community ties, employment, lack of criminal history, and reasons why you’ll return for court appearances. 

The only things you should ever say to police after being accused of kidnapping are: your name when legally required to identify yourself, “I am invoking my right to remain silent,” and “I want to speak with my attorney.” Do not explain, do not deny, do not try to help your case. Wait for your lawyer. 

Do not consent to searches of your home, vehicle, phone, or computer. Do not make any statements about where you were or what you were doing. Do not try to contact the alleged victim. Do not talk about the case with cellmates if you’re in jail, as jailhouse informants regularly trade information for reduced sentences. Do not post about the case on social media or discuss it with anyone except your attorney. 

No, absolutely not. Even if you’re completely innocent, talking to police without your attorney present is dangerous and can lead to charges or conviction.  

Police are trained interrogators who know how to use your words against you. They can misinterpret innocent statements, take things out of context, or claim you said things differently than you actually did. Innocent people are convicted based on their own statements to police all the time.  

The right to remain silent exists specifically to protect innocent people. Invoke this right immediately and contact Monument Legal before speaking with law enforcement. 

Kidnapping is a serious felony that can result in prison time, but whether you actually go to prison depends on many factors including the specific charges filed, the facts and circumstances of your case, your criminal history, the strength of the prosecution’s evidence, and the quality of your legal defense.  

Some kidnapping cases result in dismissals when evidence is weak or obtained illegally. Others result in reduced charges to lesser offenses that carry little or no jail time. Still others proceed to trial where we create reasonable doubt and win acquittals.  

Even if you’re convicted, effective mitigation can sometimes result in probation instead of prison. The outcome depends heavily on having experienced legal representation from day one. 

Most felony cases in Michigan take between six months and two years from arrest to final resolution, though complex kidnapping cases can take longer.  

The timeline includes arraignment within 48 hours of arrest, preliminary examination within 5 to 7 days after arraignment (though adjournments can extend this), circuit court arraignment if bound over after preliminary exam, pretrial conferences and motion hearings over several months, and trial or plea agreement. Throughout this process, your attorney will be investigating, negotiating, and building your defense.  

While the wait is stressful, time often works in the defense’s favor as witnesses’ memories fade, evidence degrades, and the prosecution’s enthusiasm for trial diminishes. 

Yes, many kidnapping cases result in dismissals or reduced charges.  

Dismissals occur when the prosecution lacks sufficient evidence, when critical evidence is suppressed due to constitutional violations, when the alleged victim recants or refuses to cooperate, when investigation reveals the accusations are false, or when witness credibility problems undermine the case. Charge reductions happen when negotiations result in pleas to lesser included offenses like unlawful imprisonment, when weaknesses in the prosecution’s case make them unwilling to risk trial, or when effective mitigation demonstrates that lesser charges are more appropriate.  

At Monument Legal, we’ve achieved numerous dismissals and favorable charge reductions in serious felony cases through aggressive investigation and skilled negotiation. 

Your first court appearance is called an arraignment, which typically occurs within 48 hours of arrest. At arraignment in 54A District Court or 54B District Court, the judge will read the formal charges against you, inform you of your constitutional rights, set bond conditions or modify existing bond, appoint a public defender if you cannot afford private counsel, and schedule your preliminary examination date.  

Having your own attorney at arraignment is extremely valuable because we can argue for lower bond, gather initial discovery information, and begin understanding the prosecution’s theory of the case. Never attend arraignment without legal representation if you can avoid it. 

An arrest for kidnapping will appear in background checks even if you’re never convicted. However, if you’re ultimately acquitted at trial or charges are dismissed, you can petition to have the arrest record set aside through expungement procedures.  

If you’re convicted, kidnapping is a serious felony that remains on your criminal record permanently unless you qualify for expungement under Michigan’s limited set-aside provisions. Felony convictions affect employment, housing, professional licensing, firearm rights, and educational opportunities.  

This is why fighting the charges aggressively from the beginning is so important, because preventing a conviction in the first place is always preferable to trying to clear your record later. 

No. Never plead guilty to kidnapping without first having an experienced defense attorney thoroughly investigate your case, review all evidence, identify potential defenses, and negotiate with prosecutors.  

Many people facing serious charges feel overwhelmed and want the stress to end, but pleading guilty to kidnapping will follow you for life and result in harsh consequences including years in prison. The prosecution’s initial charges and evidence often look stronger than they actually are, and skilled defense investigation frequently uncovers facts that dramatically change the case.  

Even if the evidence against you seems overwhelming, prosecutors regularly offer reduced charges to avoid the risk and expense of trial. Let an experienced attorney fight for you before making any decisions about pleading guilty. 

You absolutely need an experienced criminal defense attorney for kidnapping charges. Kidnapping is one of the most serious felonies in Michigan with potential life imprisonment and devastating lifelong consequences.  

The legal issues are complex, the rules of evidence are technical, and prosecutors pursuing kidnapping cases are experienced attorneys backed by law enforcement resources. Representing yourself against kidnapping charges is essentially guaranteed to result in conviction and maximum penalties.  

Even if you’re appointed a public defender, they’re often overwhelmed with impossible caseloads and cannot provide the focused attention serious felony cases demand. Your freedom, your future, and your family’s wellbeing are at stake. Invest in experienced private counsel who will fight for you aggressively.  

Many kidnapping charges arise from domestic situations involving current or former romantic partners.  

These cases often involve domestic violence allegations, relationship conflicts, or situations where emotions ran high and someone called police. The prosecution will move forward even if the alleged victim now wants to drop charges, because the government controls charging decisions, not victims. However, alleged victim cooperation significantly affects case outcomes.  

We work to obtain statements from alleged victims who want charges dropped, demonstrate the context of the relationship and incident, show patterns of prior false accusations if they exist, and present evidence that contradicts the kidnapping narrative. These cases are defendable, but they require sophisticated legal strategy and investigation. 

Yes, kidnapping convictions have severe immigration consequences for non-citizens.  

Kidnapping is considered an aggravated felony under immigration law, which means conviction will likely result in deportation and permanent inadmissibility to the United States. Even lawful permanent residents (green card holders) can be deported for kidnapping convictions. If you’re not a United States citizen and you’re facing kidnapping charges, it’s critical that your criminal defense attorney understands immigration consequences and works to achieve outcomes that minimize or eliminate deportation risk.  

At Monument Legal, we coordinate with immigration attorneys when necessary to protect our clients’ ability to remain in the country. 

under investigation means police are gathering evidence and building a case against you, but you haven’t been charged yet. This is actually the best time to involve a defense attorney because we can potentially intervene before charges are filed.  

We may be able to speak with investigators or prosecutors to present your side of the story in a controlled way, provide evidence that contradicts the allegations, or demonstrate why charges aren’t warranted.  

Never speak directly with investigating officers without your attorney present, even if they tell you it’s just an informal conversation or that you’re not a suspect. Once you’re under investigation for kidnapping, you need legal protection immediately.