Kidnapping Arrest Process Explained
Kidnapping is defined as the illegal act of the abduction of an unwilling or unknowing individual at the hands of another individual or entity. In contrast to any eponymous implication, kidnapping is not specific to children or minors. Individuals considered to be of legal adult age can be subject to kidnapping as well. However, a variety of kidnapping charges exist within the scope of the illegal and unlawful act of kidnapping. Within each are various natures of punitive recourse and severity.
Types of Kidnapping
The following are the most common types of kidnapping charges:
• Parental kidnapping occurs in the event that a parent illegally or unlawfully seizes a child residing in the legal custodianship or guardianship of another parent. Although the kidnapping takes place with regard to a biological parent, the penalties for such an act can retain analogous punishment as standard kidnapping charges.
• Ransoming is defined as a type of kidnapping that entails the unlawful confinement of an individual or individuals with the hopes of exploitation, personal gain, or obtaining of monies or goods.
• Human Trafficking is a type of kidnapping that involves the unwilling abduction of an individual or individuals with the hope of garnering a profit through the illegal sale of the kidnapped individuals. Human trafficking can result in human slavery, child prostitution, or other additional avenues of human exploitation.
Kidnapping vs. Abduction
Although situations exist in which kidnapping and abduction can be used interchangeably, the primary difference that is latent within the distinction between the two terms is the notion of willingness to be taken on the part of the victim. The seizing of children, minors, or other individuals that are considered unable to legally consent to such a decision is a crime. In the event that a child or minor agrees to be taken illegally by a kidnapping suspect, the charge is considered to be abduction.
Arrest Process for Kidnapping
Individuals who have been served documentation in the form of an arrest warrant displaying a Kidnapping charge, or have already been arrested by law enforcement agents, are encouraged to cooperate with the arresting officers regardless of personal belief with regard to the charges. Individuals under arrest will be given the opportunity to consult with legal specialists subsequent to the arrest process. Resisting or fleeing from a Kidnapping arrest can result in harm, injury, and additional penalties. Upon arrest, an individual should be made aware of the following in order to prevent any further complication(s):
• Habeas Corpus
• Due Process
• The Presumption of Innocence.
Upon the arrest for a Kidnapping charge, this is the standard arrest protocol that must be upheld by any and all arresting officers. Miranda Rights include the Fifth Amendment, which states that an individual retains the right to remain silent in order to avoid incriminating themselves. This is also known as ‘pleading the Fifth’. In addition, Miranda Rights also guarantee the following rights with regard to an arrest:
a. The right to remain silent
b. The right for any words spoken during the arrest to be admissible during a trial
c. The right to consult with an attorney regardless of financial stature
d. The acknowledgement that the individual arrested for the Kidnapping charge understands the aforementioned rights.
The Preparation of a Kidnapping Defense
Individuals are encouraged to consult with attorneys specializing in criminal law and, if possible, those who focus on Kidnapping legality, criminal law, and defense. In the construction of a defense, the individual may be asked to provide the nature of the Kidnapping in question, any included threats, the biographical information with regard to any and all victims, any previous arrests and/or convictions, evidence and witness testimony, full account of the details surrounding the event in question, and the arrangement for bail or bond