I’m Burges McCowan, criminal defense attorney here in the Phoenix, Arizona, area. I want to talk to you about a recent case I had involving kidnapping. ARS 13-1304.
Steven was my client. He was charged with kidnapping and possible drug sales. This case involved the SWAT team in fact. They really came after Steven hard. It’s because they thought he was a gang member, and probably because it was on September 11th that the call came in. But he wasn’t a gang member. It was really just a dispute with his roommate where Steven used some intimidating language.
The prosecutor still had a case where they charged him with kidnapping and being a gang member. They were considering drug charges as well. When they first got this case, Steven was looking at three to five years prison. The prosecutor was really serious about this case. He wanted him to go to prison, even though he had never had an criminal history at all.
Steven and his parents came to me. I went to work seeing what I could do. I talked to the prosecutor about the case. I explained to him that he wasn’t a gang member, and that they really didn’t have any evidence for that. He gave in on the drug charge, and that was never brought against Steve. He did still go forward with the kidnapping charge, but I was able to get him to go down to probation with no jail. Steven was able to go on with his life without any prison or jail time.
This case was really just a dispute between roommates. His roommate owed him money and called the police and claimed he was being kidnapped. Unfortunately, under Arizona law it doesn’t take a lot to prove kidnapping. In this case I was able to show the prosecutor what really happened. He eventually agreed that he didn’t have the evidence to prove that Steven was some sort of notorious gang member and gave him probation without jail. Now Steven is back to work moving on with his life.
If you or someone you love have ever been faced with something like this, give me a call. I give free consultations and I can help.