Fulton County Kidnapping Lawyer

Fulton County Kidnapping Attorney

Kidnapping is a serious crime, and the state of Georgia imposes harsh penalties for convictions. If you’re facing kidnapping or related charges, it is essential to have a Fulton County kidnapping lawyer with proven experience. The criminal defense attorneys at Miller North & Brill have more than thirty years of knowledge and experience from representing clients in Georgia and can advocate fiercely for your rights and your freedom.

Kidnapping in Georgia

In Georgia, kidnapping is when someone takes a person and holds them against their will. To meet the criteria for a kidnapping charge, an act must have the following elements:

• Abduction or stealing someone away – Moving a person from one place to another is an essential element of kidnapping. Force may or may not be used. Coercion, threat, deceit, or enticement may still lead to kidnapping charges.
• Not having lawful authority – This simply means the person does not have the right to take the other person from a legal standpoint. There does not have to be an intention to harm the person.
• Holding someone against their will – Making the abducted person believe you will not allow them to leave or seek help can be enough to warrant charges. Force or physical actions do not have to be involved.

The statute of limitations for kidnapping in Georgia is seven years. However, if the victim is moved across state or country borders, federal charges may also apply, and the statute of limitations is significantly longer for federal kidnapping offenses.

Penalties for Kidnapping in Fulton County

Kidnapping offenses are filed as felony charges in Fulton County, and a conviction can result in up to 25 years in prison. When there are aggravating factors, the sentence can be even more severe. If the person physically injures the victim, the penalty can be life in prison or the death penalty. Federal charges often increase the total penalty for the offender as well.

Know Your Rights

Whether you’re being investigated for a criminal offense or have already been charged, knowing your rights can make a huge difference in the likelihood of a favorable outcome in your case. The US Constitution has provisions that guarantee a fair trial and the chance to defend yourself against criminal charges. Some of the most important rights are:

• Remain silent – This means you do not have to explain anything or answer questions regarding the charges. If you wish to use this right, you can simply tell the law enforcement officers that you want to remain silent or that you want to use your right to remain silent.
• An attorney – You also have the right to have legal representation from the moment you are arrested. When a person can’t afford to hire a private lawyer, they will be appointed one by the court, usually after the person is formally charged at their arraignment. However, a private lawyer can often help as early as when you are first being investigated.
• Due process – Due process is the legal term that means everyone is entitled to fair treatment throughout the legal process. This includes not receiving inappropriate punishments, not being held in jail for an indefinite time, not being searched or having your possessions taken without a warrant or your consent, and not being held without bail while waiting for trial.

What to Do If You Are Arrested

Being arrested can be a disorienting experience, so it is important to stay calm. Follow instructions given by officers, tell them you want to use your right to remain silent, and ask for an attorney. Don’t answer any questions without a lawyer present. When you speak with your lawyer, discuss the charges against you, the evidence involved, the details that led to your arrest, and what your legal options are.

If you believe your rights were not honored at any point in the process, tell your defense attorney right away, as this can impact your case.

What a Defense Lawyer Can Do

Navigating the complicated legal process requires the resources and skills an experienced criminal defense attorney can bring. A skilled defense attorney can review the allegations and evidence against you and carefully listen to your side of the story. They can use all the information to develop a strong legal defense strategy based on the facts of your situation.

FAQs About Fulton County, GA Kidnapping Laws

What Is the Difference Between Kidnapping and Interference in Custody?

Kidnapping is a much more serious crime than interference in custody. A first-time offender charged with interference in custody is usually convicted of a misdemeanor, and the penalty could include substantial fines and time in prison. However, kidnapping is a felony and carries significantly harsher punishments. If you have been accused, you should speak with a lawyer.

Can Kidnapping Charges Be Dropped in Georgia?

Yes, kidnapping charges can be dropped in Georgia in some cases. In other situations, the charges may be reduced due to mitigating factors. Some reasons this might happen are if an attorney negotiates a plea agreement, the victim changes their statement to law enforcement, or there is not enough evidence to prosecute the kidnapping charges.

What Is the Optimal Defense for Abduction?

An optimal defense for abduction is dependent on the specific circumstances of the case. In general, a strong defense will show that one or more of the elements of the crime did not occur. For example, the person willingly went with the accused, the accused had legal authority to take the person, or the accused had solid proof of being somewhere else at the time the incident happened.

What Happens in a Kidnapping Case in Georgia?

In a kidnapping case in Georgia, a suspect is arrested and questioned by police to get information that could be used in trial. Then, they’re formally charged with kidnapping and can ask for a lawyer if they cannot afford one. The accused works with their lawyer to determine a defense strategy, which may involve filing motions, plea deals, and going to trial.

Experience Matters

With such high stakes, you don’t want to take chances on the outcome of your case. Contact Miller North & Brill right away to discuss your legal options with our experienced legal team.