Maryland Charges of Parental Kidnapping

AMBER Alerts frequently are seen across the state on Maryland highways. The notion that a child could be kidnapped by some malevolent stranger is horrifying!  However, more than eight out of every ten child abductions involve family members or other people known to the children; often they are parents who think they have a right to be with their child. 95 percent of kids across the country–just over 1,200– involved in AMBER Alerts are safely returned to their custodial parents, and the situation usually wraps up within just days, if not mere hours of the alert’s activation. In fact, over half of children in these situations are recovered within three hours or less. As much as the parent who “abducted” their own child may feel justified in doing so, when court documentation says otherwise, those parents have a lot to lose in taking such drastic steps. In situations like this, an experienced criminal defense lawyer at HM Law can help.

Family Abductions

 When divorce and custody issues become hostile, one parent may feel resentful and be interested in keeping their child beyond the agreed to time frame. They may pick up the child from home, school or daycare with no intention of bringing them back to the custodial parent at the expected time–if at all.  Not uncommonly, the child goes along willingly, because they are with a parent they know and love. The custodial parent, however, will likely do everything possible to demonstrate that you are maliciously keeping their child from the custodial parent, which is illegal in the state of Maryland.

Penalties for Child Abduction

 Child kidnapping that doesn’t involve a family member could lead to as long as 30 years behind bars. Child abduction by a family member, the other term for parental kidnapping, has various penalties related to the length of time and distance taken. At a minimum, offenders could face a year in prison and $1,000 fine, while more serious cases could lead to five years in prison and $5,000 in fines.

Criteria for AMBER Alerts

 Law enforcement will send out an AMBER Alert only after certain criteria are met. Obviously, they will be searching for any missing child regardless of the circumstances, but there are five key conditions that must be met before the DOJ justifies an AMBER Alert:

• Police reasonably believe that an abduction has taken place;
• Police think that the child is at risk of imminent danger, bodily injury, or death;
• The child is under 18 years of age;
• Police have a clear description of the child and related information;
• The case has been entered into the NCIC system.

Advocating for You

 The experienced and passionate La Plata & Waldorf criminal defense attorneys at The Law Office of Hammad S. Matin, P.A. understand how harrowing charges like this can be and will jump to action on your behalf. To discuss, call our office immediately.