Weighing Plea Deals While Fighting Two Separate Kidnapping Accusations
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 23, 2026
Legal Inquiry
Consumer Legal Issue
Someone said I kidnapped them and held them against their will. I went to court they are offering me a year in jail and 4 years on papers I’m trying to see is there a way for me to get a better deal and fight this or go with the deal.
I picked someone up from the hospital who willingly went with me and they called the police and said I kidnapped them. The courts waited 7 months to give me a preliminary hearing and the victim perjured herself at my preliminary hearing. In the midst of all of this I met another young lady who I told what was going on about the first situation and was with me in my car, and she also said that I tried to kidnap her. My bond was revoked and now I’m fighting both cases.
Attorney Answer
Because two different people made separate kidnapping accusations against you — one of which led to your bond being revoked — these are legally distinct cases with different facts, and both need separate review before deciding on the plea.
Under Tennessee Code Annotated § 39-13-303, kidnapping is knowingly and unlawfully confining another so as to substantially interfere with their liberty, under circumstances exposing them to a substantial risk of bodily injury, a Class C felony. "Held against their will" isn't automatically kidnapping if the person willingly went with you at first — consent, and how and whether it was withdrawn, matter to the elements, making the first case fact-intensive rather than a foregone conclusion either way. The second accusation involves a different person and its own facts, and needs its own evaluation. The seven-month wait for a preliminary hearing may support a speedy-trial argument, though that isn't settled; the first accuser's alleged perjury could be useful impeachment evidence but doesn't by itself decide guilt or innocence. Whether the offer is worth taking depends on the strength of the evidence in both files together, which only a defense attorney who has reviewed both cases can weigh.
What you can do:
1. Get a local defense attorney to review both case files together, since the facts differ between them.
2. Raise the seven-month delay as a possible speedy-trial issue.
3. Preserve evidence of the first accuser's alleged perjury for impeachment use.
4. Hold off deciding on the plea until counsel has evaluated both cases.
⏱ Time limits apply. Plea offers are typically open only for a limited time tied to the court's schedule, and delay in raising a speedy-trial challenge can weaken it. A local attorney should review both files promptly to advise on the deadlines specific to your situation.
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Frequently Asked Questions
Is it automatically kidnapping if someone later says they didn't want to be there?
Generally no — consent, and how and whether it was withdrawn, are elements that matter, so willing initial participation can affect whether the offense is established.
Can a long delay before a preliminary hearing help a criminal case?
A significant delay may generally support a speedy-trial argument, though this depends on the jurisdiction's rules and specific facts. An attorney can assess whether it applies.
How should someone decide whether to accept a plea deal?
Generally, this decision should follow a defense attorney's full review of the evidence and charges, since the strength of the case significantly affects whether a plea is favorable.