Abduction Defense Lawyer in Cincinnati
In the case of abduction, there may be extenuating circumstances that may become part of a viable defense. An abduction defense lawyer in Cincinnati with Joslyn Law Firm can protect your rights and help you navigate the criminal justice system for the best possible outcome.
Brian Joslyn and his legal team are focused on serving you and fighting for your rights and freedom. Brian has dedicated his career to helping people in Ohio fight against criminal charges, and he is ready to do it again for you.
It is important that you feel comfortable and confident with the attorney whom you select to represent you. Joslyn Law Firm is proud to have handled 20,000 cases for clients who find themselves in difficult circumstances, including first offenders and those seeking a second chance.
Brian’s team also shares the same dedication to justice, and they will support you throughout the case. Joslyn Law Firm has also been awarded several distinctions and honors, including:
- Designated “Top Lawyer” by Columbus CEO Magazines
- Nominated as one of the Ten Best Criminal Defense Firms in Ohio by the National Academy of Criminal Defense Attorneys
- Best Lawyer award for Brian Joslyn by Birdeye
- Preeminent Attorney Award for the highest level of professional excellence by peers according to Martindale-Hubbard
A criminal defense lawyer with Joslyn Law Firm will fight to get you the best result. We have successfully had charges reduced or even thrown out. While past results do not guarantee future outcomes, our legal team will build a defense using our deep knowledge of criminal law to help you or a loved one.
You Deserve Top-Rated Legal Defense
It is difficult to see any positive outcome when you or a loved one is arrested for abduction. That is when you should connect with an abduction defense attorney who understands the complexities of these charges. We may be able to plea bargain to a lesser charge or seek a dismissal.
Everything you discuss with your lawyer is privileged, confidential information. It is our job to gather as much information as possible about your case so that we can build a custom defense. Our team uses case details to build a defense and argue that you are innocent or that evidence is insufficient to convict.
If you are convicted of abduction, you could spend up to eight years in prison and pay a maximum fine of $15,000. A conviction is a permanent stain on your personal record and may prevent you from achieving maximum professional, social, and financial success.
Our firm’s founder, award-winning attorney Brian Joslyn, knows too well what can happen when a person becomes entangled in our criminal justice system. His experience with police brutality was the catalyst for becoming a criminal defense attorney to protect others from false charges or unfortunate circumstances.
An abduction charge can mean spending several years behind bars along with stiff fines. It can benefit you to have a criminal defense lawyer in your corner when you are faced with these charges.
As our client, you can expect that:
- Your case will be assigned to an attorney who is available to answer your questions and concerns and who will be with you at every stage.
- You will be supported by a team of paralegals, investigators, and other professionals who work closely with your attorney as he or she builds your defense.
- You will be treated with respect and compassion by a dedicated team who listens to you without judgment.
Few situations in life are as terrifying as being charged with a crime. Let us be there with you to help find the best possible solution. We have reached successful outcomes through negotiation and litigation and are ready to help you with your abduction case. Please call (513) 399-6289 for a free case evaluation.
Abduction Information Center
- Definition of Abduction in Cincinnati
- Penalties for Abduction in Cincinnati
- Evidence in Cincinnati Abduction Cases
- Defending Against an Abduction Charge in Cincinnati
- Cincinnati, Ohio Abduction Resources
- Cincinnati Abduction News
- FAQs for Abduction Cases in Cincinnati
- Call Joslyn Law Firm if You Need a Cincinnati Abduction Defense Lawyer
Definition of Abduction in Cincinnati
Under Ohio’s Revised Code § 2905.02, abduction can be charged as a second- or third-degree felony depending on the defendant’s specific acts. A person of any age can be abducted, but sadly, children are often involved when their parents cannot resolve child custody issues in an orderly and civil manner.
An abduction defense lawyer in Cincinnati can help you fight these charges with customized legal services to protect your life and liberty.
Sometimes abduction and kidnapping are referred to interchangeably, which is incorrect. While both crimes have certain similarities, the state of Ohio defines abduction as:
- Use of force or threat to remove a person from a location
- Use of force or threat to restrain the liberty of another person under circumstances that create a risk of physical harm or fear
- Hold another person against his or her will for labor and services
- Use of sexual motivation in the commission of any of the above-listed acts
It is in your best interest to speak to a defense attorney starting from the time you are arrested. Some police officers are intimidating in their questioning, and you do not want to jeopardize your case because you are nervous. We strongly encourage you to remain silent until an abduction defense lawyer arrives.
Penalties for Abduction in Cincinnati
An abduction conviction is a serious matter with significant and far-reaching consequences. The specific charge and penalties you may face for an abduction conviction will depend on the circumstances of your specific case.
Under Ohio Revised Code § 2905.02, the punishment for an individual convicted of abduction may be:
- Second-degree felony with a maximum prison sentence of eight years and a fine not to exceed $15,000
- Third-degree felony with a maximum imprisonment of five years and a maximum fine of $10,000
A felony conviction in Ohio negatively impacts your life even after you are released from prison and paid the fine. As outlined here by the Federal Public Defender of Northern Ohio, an ex-offender generally cannot serve on a jury or as an elected official, own a firearm, vote, or receive certain federal benefits.
Conditions That Influence Penalties for Abduction
There are certain factors that the court considers when handing down a sentence for abduction, including:
- How long the victim was held captive
- If the victim was treated humanely
- If the victim was released voluntarily by his or her captor
- Prior convictions
- If sexual motivation was present
- If the abduction occurred in the commission of other crimes
One of our abduction defense attorneys will first try to plea bargain with the prosecutor but will not hesitate to go to court in pursuit of the best possible outcome.
Evidence in Cincinnati Abduction Cases
A criminal defense lawyer will counter, downplay, or seek to suppress evidence that incriminates the defendant.
For example, a computer search history that is allegedly linked to the accused may be discredited when the defense reveals the history is from a public computer.
Some of the other tactics that an abduction defense lawyer in Cincinnati might utilize include:
- Offering evidence in support of the defendant’s alibi
- Using subject matter experts to cast doubt on the prosecution’s evidence
- Examining the evidence for errors
- Moving to suppress the evidence in its entirety on the grounds that it was improperly obtained or flagrantly inflammatory
Our legal team has considerable resources to investigate, examine, and uncover evidence to effectively quash the prosecution’s obligation to show guilt “beyond a reasonable doubt.”
Types of Evidence in an Abduction Case
Here are a few examples of the type and category of evidence that can be included in an abduction case:
- DNA evidence including blood, saliva, semen, hair, and fingernails
- Clothing and fibers
- Implements and items used in the commission of the crime
- Witness statements, including from the victim if possible
- Photos of the crime scene, including the place where the abduction allegedly occurred and where the victim was held
- Police reports
- Medical reports and test results
- Digital and electronic evidence, including computer searches, texts, voice mail, email, and social media
One of the most important considerations for evidence is whether it was correctly and legally obtained. A defense attorney with our firm will seek to suppress any illegally obtained evidence or will argue against evidence in which the chain of custody is suspect. Both parties must make sure the evidence follows the Supreme Court of Ohio’s rules of evidence when submitting this proof.
Defending Against an Abduction Charge in Cincinnati
Our legal team builds a custom defense designed for the most favorable outcomes. We have won many verdicts in tough cases.
Defenses in an abduction case depend on the circumstances surrounding the case, your arrest, police action (or inaction), and the age of the victim. An abduction case concerning a child may present different defensive strategies and likewise for a case about an adult.
Potential Defenses for Child Abduction Cases
Often, these cases stem from contentious child custody cases that are rife with misperceptions and miscommunication.
Other defensive strategies for abduction cases involving children are:
- False allegations – Sadly, some parents make false allegations of child abduction to reduce or deny the other parent’s visitation or custody rights.
- Protecting child from abuse or neglect – This defense may apply if the defendant took the child as protection from domestic violence or parental neglect.
- Mistaken identity – In our experience, innocent people may be arrested and charged based on erroneous identification.
- Circumstances beyond defendant’s control – This may occur when a parent has legal custody or visitation but fails to return a child on time due to circumstances beyond his or her control, such as a natural disaster or a medical emergency.
- Improper law enforcement actions – These include improper evidence collection and documentation, contamination of evidence, improper arrest, illegal search and seizure, and lack of evidence.
We can develop a defense strategy to help keep you out of prison and defend your parental rights.
Defenses for Adult Abduction Cases
There are several strategies that a criminal defense attorney may use to defend an individual accused of abduction involving an adult.
- Protecting victims from abuse or injury – In certain situations, a defense lawyer may argue that the defendant was trying to protect the adult from abuse, injury, or neglect, whether it is from a spouse, parent, caregiver, or another alleged abuser.
- Detaining victim for police – The defendant was attacked or threatened by the abductee and was holding the individual until law enforcement arrived.
- Defendant’s cognitive impairment – The defendant was not in his or her right mind due to cognitive impairment, intoxication, or other condition that led to the abduction.
- Victim’s cognitive impairment – This may happen if the victim is elderly or suffering from dementia and is convinced that their adult child or caregiver has taken them against their will to the hospital, nursing home, or other location.
- Mistakes and errors by police – This defense highlights any improper or illegal actions (or inactions) made by law enforcement from the time of your arrest, such as police brutality, illegally seized evidence, tampering with evidence, and more.
The best possible outcome is that we have the charges dismissed or significantly reduced to avoid imprisonment. An abduction defense lawyer in Cincinnati can push for community service, a fine, or both as alternative penalties to imprisonment.
Cincinnati, Ohio Abduction Resources
You may find the following resources helpful for you and your loved one if you are involved in an abduction case.
- National Center for Missing and Exploited Children (NCMEC) – Founded in 1984, this non-profit organization is the nation’s most comprehensive resource for all issues related to crimes, abuse, and exploitation of children.
- Law Facts: Divorce, Dissolution & Separation – This website is a resource provided to the public by the Ohio Bar Association about divorce and marital problems that are often a precursor to child abduction cases.
- National Juvenile Defender Center (Great Lakes) – The NJDC has resources, defense basics, and topical information for defendants who are considered juveniles by law.
- Ohio Department of Job and Family Services – This state agency has links to dozens of resources, including protective services for both children and adults.
- S. Department of State Ohio International Parental Child Abduction Prevention Resources – This link to the U.S. Department of state offers quick links for potential international abduction cases, including law enforcement, airport assistance, and other links.
- 2018 Missing Children Clearinghouse from the Ohio Attorney General – This report has data regarding missing children in Ohio, along with information about Amber Alerts, the responsibilities of law enforcement, and assistance the clearinghouse offers to various Ohio agencies to help with missing children.
Cincinnati Abduction News
The following are recent news stories involving abduction.
- Sex Offender Arrested After Attempted Abduction in Anderson – A 21-year-old woman was able to elude abduction by a registered sex offender. She was attacked while on her way to work, according to a news story on Local12.
- Cincinnati Man Remains on the Run, Accused of Abducting a Stranger in Late October – A man accused of shooting one person and abducting another remains at large, according to WLWT5 News.
- Unsealed Search Warrant: Police Attempted Sting in Southwest Ohio Kidnapping Case – Federal prosecutors are making a case for abduction, kidnapping, and murder charges for the death of an Ohio man. The News-Journal reported that the victim was abducted outside of his residence and later found dead.
FAQs for Abduction Cases in Cincinnati
- Q: I believed that I was rescuing my elderly mother from physical and financial abuse from a nursing home – is that a credible defense for abduction?
- A: Each situation is different, but we have defended clients who believed that they were acting in a loved one’s best interest by removing them from a dangerous situation.
- Q: How can I avoid going to prison?
- A: You could avoid prison time if the charges against you are reduced from a felony to a misdemeanor. There are other factors that affect the possibility of going to prison, such as the absence of prior criminal behavior.
- Q: Which has harsher penalties, a second-degree felony, or a third-degree felony?
- A: On average, individuals charged and convicted with abduction in the second-degree face lengthier prison terms and higher fines than those with third-degree felony convictions.
- Q: How are charges reduced or dismissed?
- A: As criminal defense lawyers who have handled over 20,000 cases, we know there are many instances when abduction charges are reduced or dismissed. These include illegal or improper arrest, false charges, lack of evidence, or unreliable witnesses.
- Q: Do I have to testify?
- A: It is your right to take the stand and defend yourself in court. You and your attorney will discuss the potential benefits and hazards of testifying.
- Q: Is abduction and kidnapping the same thing?
- A:Both abduction and kidnapping can result in felony charges with prison time. However, kidnapping is a first-degree felony and is considered a more serious offense since it involves extortion.
Call Joslyn Law Firm if You Need a Cincinnati Abduction Defense Lawyer
It is normal to be frightened and angry if you are arrested. It is in your best interest to remain silent and ask for an attorney. Many people make the mistake of talking to the police because they think it is a friendly conversation, but anything that you say can and will be used against you in court.
Some suggestions to protect your rights if you are arrested on abduction charges:
- Politely decline to answer any questions until you have a lawyer present.
- Do not argue or provoke law enforcement officers.
- Do not resist arrest.
- Try to remain calm.
Most importantly, call the office of an abduction defense lawyer in Cincinnati at (513) 399-6289. An attorney with Joslyn Law Firm will protect your rights and help you navigate the criminal justice system toward the best possible outcome.