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Detroit Legal Blog

Teen Abduction

Oct 12, 2015, by Maurice Davis in Criminal Defense, Felony, Legal Blog

Teen abductions are taken very seriously in Michigan. If you’ve been charged with kidnapping, you could face some of the harshest penalties under the law. But a skilled Michigan criminal law attorney working at your side to secure your innocence can make all the difference. Don’t make any statements to the authorities until you’ve spoken with a lawyer. The Davis Law Group is available to take your call now and give you a free and confidential consultation regarding your case.

Michigan Kidnapping Charges

According to § 750.349 of the Michigan Penal Code, a person commits the crime of kidnapping when he or she knowingly restrains another person with the intent of doing any of the following:

  • Holding that person for a ransom or a reward
  • Using that person as a shield or a hostage
  • Engaging in non-consensual or criminal sex
  • Taking that person to another state
  • Holding that person in involuntary servitude
  • Engaging in child abuse or sex with a child

The statute defines “restraining” as even the momentary restriction of another person’s movements without his or her consent or the legal authority to do so.

If a court finds you guilty of kidnapping, you could face a prison term of any length up to life, and a possible fine reaching $50,000.

When a Parent Unlawfully Takes and Conceals Their Child

§ 750.350a of the Michigan Penal Code prohibits natural or adopted parents from taking their child for a period of more than 24 hours for the purpose of concealing the child from the other parent or any other guardian or person who may have legal charge of the child.

The penalty for this felony can be as high as 1 year in prison along with a fine of up to $2,000. Thus, it’s important for parents to remember that, even if they have good cause to remove a child from another parent or guardian’s custody, the only way to legally do so is through the courts. Not only may they face criminal charges, their actions could give a court good cause to deny custody later on.

Defending a Teen Abduction Case

Few crimes garner as much public condemnation as teen and child abductions. Faced with public outrage and swept up in a media frenzy, prosecutors and law enforcement officials are often under pressure to build a case to quickly bring someone to justice—even if hard evidence is lacking. But with such harsh penalties on the line for the accused, teen abduction cases are no time for the prosecutors to cut corners.

At Davis Law Group, we believe that everyone is innocent until proven guilty, and we are passionate about providing our clients with aggressive and well-planned representation that will give them the best chance possible when their case goes to trial. If you’ve been charged with abducting a teen, we’ll make sure that your case is prosecuted according to proper procedure and that your constitutional rights are upheld at every step of the process.

Your criminal lawyer may be able to apply one or more of the following defensive strategies to your case:

  • Ensuring that any evidence against you that was obtained illegally or without a proper warrant will not be included in the prosecution’s case
  • Objecting to the prosecution’s evidence during the trial when it violates the rules of evidence and procedure
  • Demonstrating that your arrest, detention, or interrogation violated your constitutional rights
  • Building a case that shows there is a reasonable doubt as to whether you committed the actions of which you are accused
  • Denying that you acted intentionally or knowingly
  • Highlighting mitigating factors that can convince a judge to give you a lenient sentence, if all of the above fails

According to a recent Michigan Supreme Court ruling, judges are no longer required to administer sentences that match those outlined in the penal code. This new ruling may significantly affect the best strategy for your case. If you’re facing teen kidnapping charges, you can call the Davis Law Group today for a free and confidential consultation at (313) 818-3238.