Defending Against Kidnapping and Stalking Charges in Minnesota

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Andrew, Bransky, & Poole, P.A.

Kidnapping and stalking are serious criminal offenses that can have severe legal consequences in Minnesota. Being accused of these charges can turn your life upside down, affecting your personal relationships, reputation, and future opportunities. However, it is important to remember that being charged with a crime does not equate to guilt. If you are facing kidnapping or stalking charges in Minnesota, understanding the law and building a strong defense strategy are crucial steps toward protecting your rights. 

Understanding Kidnapping and Stalking Laws in Minnesota

  • Kidnapping: In Minnesota, kidnapping involves unlawfully confining or removing another person without their consent and intending to commit another crime or hold them for ransom, reward, or other unlawful purposes. Kidnapping can be charged as either a felony or a gross misdemeanor, depending on the specific circumstances, such as the presence of a deadly weapon or the duration of the confinement.
  • Stalking: Stalking refers to engaging in a course of conduct intending to instill fear or cause emotional distress to another person. It involves repeatedly following, harassing, or making unwanted contact with the victim. In Minnesota, stalking can be charged as a gross misdemeanor or a felony, depending on the severity and repetition of the behavior and any prior convictions.

Building a Strong Defense

When facing kidnapping or stalking charges in Minnesota, building a robust defense strategy is crucial. Here are some common defenses that can be employed:

  • Lack of Intent: Many kidnapping and stalking charges require proving the intent to commit a crime or cause fear or distress. It can be a viable defense if there is no evidence of criminal intent or if the alleged actions were misconstrued.
  • Lack of Evidence: A strong defense often involves challenging the evidence presented by the prosecution. This may include questioning witness credibility, challenging electronic or circumstantial evidence reliability, or pointing out inconsistencies in the victim’s statements.
  • False Accusations: In some cases, individuals may falsely accuse others of kidnapping or stalking due to personal vendettas, misunderstandings, or other motives. If there is evidence to support a false accusation, it can be a powerful defense strategy.
  • Constitutional Violations: If law enforcement violated your constitutional rights during the investigation, such as conducting an illegal search or seizure or obtaining evidence without a proper warrant, it may be possible to suppress that evidence in court.
  • Alibi or Lack of Opportunity: Demonstrating that you were not present at the time of the alleged offense or that circumstances prevented you from committing the crime can be a compelling defense strategy.
  • Mental Incapacity or Duress: If you can establish that you were mentally incapacitated or under duress at the time of the alleged offense, it may support a defense against the charges.

Seeking Legal Representation

Navigating the complexities of kidnapping and stalking charges requires the expertise of a skilled criminal defense attorney. They will evaluate the specific details of your case, determine the most effective defense strategy, and guide you through the legal process. Your attorney will protect your rights, investigate the evidence against you, and challenge the prosecution’s case.

Being accused of kidnapping or stalking in Minnesota can be an overwhelming and distressing experience. With a strong defense strategy and the support of an experienced criminal defense attorney, you can effectively challenge the charges and protect your rights. Remember, being charged with a crime does not automatically make you guilty, and the burden of proof rests with the prosecution. By understanding the law, building a robust defense, and seeking professional legal representation, you can navigate the legal challenges and work towards achieving the best possible outcome.



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The legal team at Andrew, Bransky & Poole, P.A. consists of Timothy Andrew, Aaron Bransky, Jane C. Poole, and Andrew T. Poole.

Timothy Andrew and Jane C. Poole handle union labor law and employee benefit matters. Tim has been practicing law in Minnesota since 1992 and focuses on Northeastern Minnesota. Super Lawyers Magazine has recognized Tim. Jane has been practicing since 2010 and is a member of the Board of Directors for the Legal Aid Service of Northeastern Minnesota. Jane has been named a Rising Star by Super Lawyers Magazine for many consecutive years.

Aaron Bransky has been practicing law since 1989, and before that, he clerked for two federal judges, so he has seen the law from several perspectives. His specialties encompass many practice areas, including estate planning, elder law, medical assistance planning, probate, business, and real estate. He is your go-to at the firm if you have needs in any of these areas. Aaron has been recognized many times as a Super Lawyer by Super Lawyers Magazine.

Since 2010, Andrew T. Poole has been a practicing attorney in Duluth, Minnesota. Over that time, he has handled thousands of criminal cases, ranging from DWI charges to theft, sex crimes, drug crimes, murder, and more. He understands the importance of building a defense strategy as soon as possible, fighting to ensure your rights are protected, and ensuring no corners are cut by law enforcement. He has represented defendants in jury trials in both Minnesota and Wisconsin courts, including every courthouse along Minnesota’s North Shore. Andrew has been recognized as a Rising Star by Super Lawyers Magazine for many consecutive years.