Kidnapping For Ransom
Believe it or not, I've done a number of kidnapping for ransom and extortion cases in Los Angeles County over the last twenty-five years.
One of the last ones I did was in Norwalk Superior Court, and my client basically had a business disagreement with another person and allegedly grabbed him, put a bag over his head, and basically held him in order to get the money back that he lost.
He was charged with kidnapping for ransom. Obviously, you're looking at life if you're charged with that.
So, it's a very serious case. Suppose you have a family member or you're accused of kidnapping for ransom. In that case, you're going to want to get a good attorney, have been battle-tested, have done these types of cases before, and are familiar with Penal Code Section 209, how it works, and what the elements are.
Real Case Example
In the case that I'm mentioning, the prosecutor had two witnesses. One of them was the alleged victim, who gave inconsistent statements that were put on direct examination. They also had a middle person who arranged my client's meeting with the alleged victim.
They were going to exchange these parts, and they had a business deal all setup, and then the alleged victim supposedly backed out, and that's when he was retaliated against. The key is in any criminal case, but specifically in kidnapping for ransom because it's such a serious charge, and the prosecutors have to show certain elements and certain things.
If their case hinges upon one witness, as it did in this case, if that witness is not credible, says inconsistent things, or lies, a jury is not going to buy what they're saying. In the case of Norwalk, which is a tough courthouse in Los Angeles County bordering Orange County, the jury came back not guilty pretty quickly.
It was because the alleged victim didn't support the elements of the crime of kidnapping for ransom or extortion. The prosecutors in that scenario have to show #1 that the person was taken against their will and was moved to a different location. Also, the individual who was supposedly defended has actually tried to extort some money out of him.
Elements of the Crime
They have to meet the elements of Penal Code Section 209. Someone has to have been taken, moved, money demanded, or some other pecuniary gain, and if the prosecutors cannot prove that, they're not going to be able to make their case. The jury will find the person not guilty very quickly.
Defenses in kidnapping for ransom or extortion cases pursuant to Penal Code Section 209 in LA. There are a number of different defenses that apply. One is that the person is not moved any distance. That's not a kidnapping.
If there are no threats or demands for money or monetary gain, then it's not a kidnapping. Three, probably the biggest thing, is that it's going to center on the facts of the case. The jury and the judge are going to look at the totality of the circumstances.
Suppose the other party is basically claiming someone kidnapped them and was trying to extort money or was trying to get a ransom.
The other party has some sort of interest – some sort of thing to gain by making this claim – in other words. In that case, they're trying to settle some kind of civil dispute by getting the police and prosecutors involved in order to have a huge advantage over the other party and basically put the other party in a bad situation where they're looking at the prison and a bunch of other bad ramifications if they don't cooperate.
Another thing I see them do is if they think they're owed money now, they're going to try to get their money back through the criminal justice system, which is appropriate if you have really been kidnapped for ransom.
But suppose you haven't been kidnapped for ransom; no money's been extorted from you. You're just lying and improperly using the police and prosecutors in order to get what you want.
In that case, this is inappropriate, and the best defense attorneys will take a witness like that apart, and even the police and prosecutors – if they believe – once the other side of the story is gotten across to them – if they believe that this person is lying, not telling the truth, is trying to trick them and give them bad information, especially on such a serious charge as kidnapping for ransom or extortion. They're going to prosecute that other person, and they'll let the defendant go.
Reviewing Best Defense Strategy
The bottom line is this. If you have a kidnap for ransom case and you're being charged with Penal Code Section 209, I suggest you come in, we sit down, or if you're a family member, I can go out and see the person in jail.
Really, the most crucial thing in these cases is, in my opinion – having tried a lot of big cases over the years – over 200 jury trials and some of the most serious cases you can think of – is really the client and the attorney working together, because a client obviously is going to do and think of everything they possibly can to help themselves.
The lawyer has the experience and obviously has been in battles where the person is looking at a significant amount of time in custody. So, for me, if my client is working with me and we're working together and I zero in for the client on how they can help me, it really makes a difference in defending some of these cases.
Especially cases that are on the fence and close. There is a jury instruction that basically says the tie goes to the defendant, so if there's some evidence that points to guilt and some evidence that points to innocence, and the jury can't decide which evidence is stronger, that's a not-guilty verdict right there.
So, it's really crucial in these cases that a criminal defense attorney has a good relationship with their client, and also, the criminal defense attorney – when you're talking about kidnapping for ransom, extortion – you're already behind the eight-ball.
The jury walks into that trial looking at what this guy is charged with; then, he must have done it. Of course, I'm afraid that's not right. That's not our criminal justice system, but it's reality. So, that's the first thing I attack when I do the voir dire of these jurors. I say, listen. How many of you already think the client's guilty just because they are charged, and some people raise their hands?
We have to deal with that. We have to tell them and listen; that's different from the way our system works. He's presumed innocent.
So, if you want to get down to the nitty-gritty and you want to talk to somebody that's been down this road before and had success and knows how to handle these kidnapping for ransom cases, knows the elements of Penal Code Section 209 – come and sit down with me and we'll get you on the right road.
