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Category Archives: 100E Custodial Interference Victories

Felony Custodial Interference Not Charged – State v. Mr. M (DMC No. 13542) (Phoenix Police Department DR2014-00120362): Mr. M was friends with a couple who had a minor child.  The couple ended up getting divorced, and Mr. M was friends with the mother of the child and not the father or the paternal grandparents.  Ultimately, the father died in a car accident, and the paternal grandparents were seeking visitation rights.  The mother then fled to Canada with the child to begin a new life.

Once the mother was located with the child, an investigation began against the mother for Custodial Interference. Because Mr. M had been friends with the mother and had given her financial assistance in the past, he then became a target of the police Detectives to also be charged with Custodial Interference. We were able to show the Detectives that in no way had he provided financial aid or counseling for the purposes of fleeing the country.  We put together a packet of information which was forwarded to the Maricopa County Attorney’s Office, and the case was turned down for charges against Mr. M.

NOT CHARGED | CUSTODIAL INTERFERENCE NOT CHARGED – State v. Mr. P. (DMC No. 7390) (Glendale Police Department Investigated): Mr. P.’s goddaughter had a friend who he had met before.  She claimed she was 17 years old, was about to turn 18 and needed to borrow money to take a flight to Pennsylvania to visit her father.  Mr. P. was under the impression that she had permission and was also under her father’s custody.  It turned out she was only 16, had run away from her mother and did not have permission to travel.  Because Mr. P. did not get along with her mother, he was investigated for Custodial Interference.   We were able to convince the police that even though he was friends with the girl’s father he was not intentionally trying to aid in her “escape” from her mother. No charges were filed.

 

REDUCED | FELONY CUSTODIAL INTERFERENCE REDUCED to MISDEMEANOR with PROBATION and ZERO DAYS JAIL – State v. Ms. P. (DMC No. 6774) (Navajo Superior Court CR2006-0751): Ms. P. had joint custody of her children with her husband. The children were staying at the husband’s aunt’s house when Ms. P. came and picked up the children without permission. Because of Ms. P.’s mental condition, she and the two children were later found at a homeless shelter located in Chandler. We were able to show the Prosecutor Ms. P.’s medical history of mental illness and they agreed to extend a misdemeanor offer with probation. That probation was allowed to be completed in Maricopa County.

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