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KIDNAPPING

KIDNAPPING

Movies and television often depict kidnapping scenes in which one person holds another person as a hostage or for ransom.  While this scenario accurately results in kidnapping charges under North Carolina law, there are many other more common examples of kidnapping.  Perhaps the most common way a kidnapping charge arises in North Carolina involves well-meaning parents who love and are trying to protect their children.  Under North Carolina law, kidnapping is considered a serious felony, however, and a conviction for kidnapping could mean several years in prison. Kidnapping charges could also result in any one of the following ways:

  • Helping another commit a felony or helping another flee from having committed a felony;
  • Holding another as a hostage, for ransom, or as a protective shield;
  • Terrorizing or causing serious bodily harm to a person who has been confined, held, or taken by another;
  • Forcing another person into involuntary servitude;
  • Forcing or trafficking of another person into involuntary or sexual servitude;

In cases of “parental kidnapping,” a parent or guardian generally stands accused of having violated the terms of a custody agreement or order, keeping the child from another parent or guardian.  In some cases, a parent without rights to custody or visitation takes the child and attempts to keep that child from the other parent or legal guardian. In all cases of parental kidnapping, the accused parent faces a possible prison sentence of up to 3 years, a hefty fine, loss of the right to keep or visit with the child in the future, and the harm a felony conviction can cause both personally and professionally for years to come.

If you are facing a kidnapping charge, a qualified defense attorney with the skills and experience in defending against kidnapping charges is your best opportunity of avoiding a kidnapping conviction.  At DeMent Askew & Johnson, our criminal defense attorneys bring more than 40 years of experience to your defense in both state and federal courts.

Our defense attorneys are experienced and knowledgeable in working with the prosecutor’s office towards dismissal, towards reduced or alternative sentencing.  We are also skilled and experience in building the strongest defense possible to a trial of kidnapping charges. We are experienced trial attorneys and stand ready to defend the most difficult criminal matters in our state.  Call us today. Consultations are cost and risk free.

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Rusty Dement

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

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333 Fayetteville Street, #1513
Raleigh, NC 27601-2950

CRIMINAL DEFENSE SUCCESS

Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.

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Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…

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Not Guilty DWI – No Probable Cause

March 26, 2019

Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…

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Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17

February 12, 2019

Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…

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7th Offense; Sentence reduction of 75%

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…

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No prison sentence for client facing 1 year.

June 4, 2019

Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…

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71% reduction in jail time acquired.

March 26, 2019

Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time

February 12, 2019

Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…

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CRIMINAL DEFENSE LEGAL SERVICES

DOMESTIC VIOLENCE

DOMESTIC VIOLENCE

Raleigh Domestic Violence Attorney, Assault on a Female, Threats, Harassment, & Stalking, Violation of Protective Orders

PROPERTY CRIME

PROPERTY CRIME

Property Crime, Theft, Larceny & Embezzlement, Burglary and Breaking & Entering, Common Law Robbery

SEX CRIMES

SEX CRIMES

Sex Offenses, Statutory Sex Offense, Rape, Statutory Rape, and Date Rape, Child Pornography

OTHER SERVICES

OTHER SERVICES

DMV Hearings, Student Discipline, Honor Court, Underage Alcohol Offenses, Expungement of Criminal Record