Anonymous User
Asked Apr 25, 2013
0
How do I write this statement
The critical question on the kidnapping charge is whether you were in the vehicle because you wanted to be there or you were there against your will. Be careful that in trying to get your boyfriend off, you don't change your status from victim to participant in some of the other charges. I wouldn't submit the sworn statement without it being written by an attorney familiar with the case.
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I know I don't want to get myself in trouble but you see I can't go to an attorney I'm 17 and I'm injured because of the wreck so I can't drive and of coarse my dad want bring me to do it he's not to fond of my bf anymore but I was told that if I write this statement he can get this charged dropped but I plan on writing something along the lines like on the date of blah blah blah I Hailey willingly got in the vehicle with Shawn •••• and at the moment of the roadblock I was in to much of shock to say anything to him I never told him to stop are let me out because I was in complete shock of what he was doing therefor I was not kidnapped....of coarse I'm going to include more info but that's just get jest of what I want to write can I say that to get this off of him WITHOUT me getting any charges of being an accomplish
NeedHelpNow Apr 25, 2013
If "I was told" came from someone who really understands what he/she is talking about, that may be true. I am just trying to get you to consider all of the possibilities before you get yourself in more of a bind.
Rob Apr 25, 2013
Actually... what you wrote in that response could be used as evidence that you were in fact kidnapped. The law of kidnapping is difficult to define with precision because it varies from jurisdiction to jurisdiction. Most state and federal kidnapping statutes define the term kidnapping vaguely, and courts (meaning the judge) fill in the details. Depending on applicable laws, the prosecutor might be able to successfully argue that the kidnapping did not occur when you got into the car, but at the moment he evaded the roadblock. If he is able to argue that, you just convicted your bf! If you say you were in the car willingly at that point to try to get the charged against him dropped, then you just made yourself an accomplice to all the other charges against him.
Best course of action: listen to your dad, keep your mouth shut, and let his attorneys do their job.
Best course of action: listen to your dad, keep your mouth shut, and let his attorneys do their job.
skyDancer Apr 25, 2013
The more you say in a statement, the more you give them to use against your bf and you. You really need to sit this one out.
skyDancer Apr 25, 2013
I'm with Rob. It is INCREDIBLY unwise to do this without legal counsel. Prosecutors can change the meaning of your words very easily and you could go from innocent bystander to coconspirator in the blink of an eye. Seriously! This is why your father wisely does not want you involved. He's making sense here.
Plus, you're a minor, which in most cases means you cannot fully participate in anything legal without your parents. Your statement could be of no help to him anyway. You are under 18, which means that what you say means less in court because the law does not consider you to be old enough to speak for yourself. Your parents could possibly have your statement nullified if it was given without their consent.
If you don't write a statement, his defense attorney would likely subpoena you, which means he could get a court order to force you to testify. Then you can say you weren't forced, but if you get subpoenaed your parents would probably get legal advice before your court appearance, and you could be coached on what to say and what not to say by someone who is familiar with the charges, the law, and the particulars of the case.
A lot of times, doing something legal without an attorney is like having surgery and playing the surgeon.
Just by reading my and Rob's responses, I hope you can see that this "little" thing you want to do is actually quite major, and could have repercussions for the rest of your life. Love yourself more than you love your bf. Your father understands things you don't, so please listen to him.
Plus, you're a minor, which in most cases means you cannot fully participate in anything legal without your parents. Your statement could be of no help to him anyway. You are under 18, which means that what you say means less in court because the law does not consider you to be old enough to speak for yourself. Your parents could possibly have your statement nullified if it was given without their consent.
If you don't write a statement, his defense attorney would likely subpoena you, which means he could get a court order to force you to testify. Then you can say you weren't forced, but if you get subpoenaed your parents would probably get legal advice before your court appearance, and you could be coached on what to say and what not to say by someone who is familiar with the charges, the law, and the particulars of the case.
A lot of times, doing something legal without an attorney is like having surgery and playing the surgeon.
Just by reading my and Rob's responses, I hope you can see that this "little" thing you want to do is actually quite major, and could have repercussions for the rest of your life. Love yourself more than you love your bf. Your father understands things you don't, so please listen to him.
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... And be happy your dad isn't me!!! I'd make sure he was charged with reckless endangerment (and everything else possible) and I'd sue him in civil court to recover your medical expenses. Your dad is actually being reasonable.
skyDancer Apr 25, 2013
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