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

2. An Abduction occurs
Parent?
Stranger?
AMBER Alert?

3. 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

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

5. 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?

6. 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?

7. Case Presentation Police reports are prepared
Initial reporting officer
Investigating officer

8. 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?

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

10. 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)

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

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

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

14. 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

15. 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

16. 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

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