“Kidnapping” is defined as moving a person from one place to another, and is an offence if it is done for any one of three reasons:
- To cause the person to be confined or imprisoned against their will
- To cause the person to be unlawfully transported or sent out of Canada against their will
- To hold the person for ransom or service against their will
Bail Conditions for Kidnapping Charge
The police, prosecutors, and courts all take kidnapping charges very seriously at the bail stage. If you have any prior criminal record for violent or property offences, the prosecution will almost certainly ask the Judge or Justice of the Peace to order that you stay in jail until your charges are dealt with. That could take months.
We will ensure that your best case for bail is made, and that the Judge is aware of all the factors in the case and your life that support your release. We will customize our argument to your unique circumstances with a thorough, careful and efficient consultation.
If you are released, you can expect to be ordered to follow any of the following conditions:
- Do not possess any weapons
- Do not contact or have any communication with any of the people you are charged with, or that you allegedly kidnapped
- Obey a curfew
- Do not drink alcohol or consume any illegal drugs
In addition to advocating for your release, we will ensure that the conditions are no more restrictive than what is absolutely necessary to ensure your good behaviour while your charges go through the legal system.
Defending Kidnapping Charge
This offence may involve eyewitness statements, surveillance videos, records of injuries to the alleged victim, and statements of people that are alleged to have committed the crime with you. We also obtain your version of the events, and apply our legal expertise and analysis to provide you with our legal opinion regarding the strength of the Crown’s case against you, the likelihood of success of all available defences, and your options regarding resolution.
Our analysis may focus on any of the following legal issues:
- Can the alleged kidnapping victim prove that you were the offender beyond a reasonable doubt?
- Did people you were with at the time commit the offence without your knowledge or consent?
- Did you have an innocent reason for moving the person from one place to another?
Someone founds guilty of kidnapping faces the potential of life in prison.
In addition, there are minimum jail sentences that apply in certain circumstances:
- 5 years, if restricted or prohibited weapon was used
- 4 years, if any firearm was used
- 5 years, if the person kidnapped was under 16 and you are not their guardian
In Canada, offenders are to receive no more punishment than is absolutely necessary, but it takes a skilled advocate to ensure that that actually happens. We provide a customised, persuasive, and honest argument to the Judge to ensure that any penalty you receive is no more than absolutely necessary.