Child Abduction Prosecutions From Crime to Resolution Manuel Garcia, Jr. Deputy in Charge Child Abduction Section (213) 257-2220

An Abduction occurs Parent? Stranger? AMBER Alert?

AMBER Alert Criteria: Law enforcement confirms a child abduction Victim is 17 or younger (or person with proven mental or physical disability) Victim is in imminent danger of serious injury or death Information, if provided to public, could assist in the safe recovery of the child

AMBER Alert Reach out to the agencies Alert airports? – FBI Headed for the border? – Homeland Security

Custody vs. Warrant Custody 48 hours after arrest to arraign the suspect I.O. comes to our office Phone calls from other DA offices Should CAS handle?

Case Presentation Warrant – “Drop off” Do we have all the evidence? Court orders Witness statements Suspect’s statements Is a search warrant needed? Can we prove malice?

Case Presentation Police reports are prepared Initial reporting officer Investigating officer

Should We File Criminal Charges? Consequences of a conviction Criminal conviction Possible loss of job Further degradation of parent’s relationship Do we have abductor’s attention now?

Can We File Criminal Charges? Take/entice away Keep/withhold Conceal With malice

Criminal Complaint is Filed Charges typically filed Child abduction - P.C. § 278/278.5 Kidnapping - P.C. § 207(a) Child abuse - P.C. 273a(a)/273a(b)

Court Proceedings Case is assigned to a prosecutor who vertically handles it Arraignment Protective orders obtained Preliminary hearing Arraignment/Pretrial hearing Trial

Resolving the Case Prison or probation? Typically probation Jail Counseling Drugs/alcohol Psychological Protective order?

Hague Petitions – International Abductions Civil matters Countries must be signatories of treaty Courts determine forum – not child custody

Hague Petitions Getting into the forum Outgoing DA’s Office assists with filing of petition with State Dept. Assist left behind parent in communicating with the Central Authority of the country where child was taken

Hague Petition Incoming State Dept. contacts Attorney General’s Office AG Office Contacts DA office Taking parent and child are located Service Service and pickup

Hague Hearing Both parents appear if possible By phone May be represented by counsel DA is a neutral party Both parents are able to testify Judge makes a ruling

International Abductions – Hague or Criminal Filing? Is the country a signatory? Does the U.S. have an extradition treaty with the country?