Legal Question in Criminal Law in California

Re: Child leaving state

Neither. The case will continue in the same court where it is pending now.

The new state has no interest in prosecuting violations of the first state's laws. It likewise has no interest in spending money on a court case that has nothing to do with it. At the same time, the first state has a very real interest in enforcing its laws. That interest does not disappear just because a defendant's family relocates.

The parents should discuss their planned move with defense counsel far ahead of time to make sure they don't inadvertently cause any problems that could come back to haunt their child. I don't think anyone would want police officers showing up at the new home, school, etc. and taking the kid away. This may or may not be a risk in your situation, but in case it is you should deal with it in advance.

Re: Child leaving state

Neither! If he doesn't appear at every court hearing, there will be an arrest warrant issued for him. What would make you think the court would allow him to simply 'run and hide' and have the case disappear?

Re: Child leaving state

Unfortunately, no such brake. The case will continue to be prosecuted in the original state. If you are thinking about moving, plan well and with you counsel.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com