Can a felony case that has fallen off the 1385 pc code can be picked up again for any reason? 2 Answers as of May 29, 2013My son is going though child custody issues in Alaska and it was over 13 years ago that he had a case that has fallen off the records in California. The judge up in Alaska has received a letter that this has been dropped but the child protection server said that the child is not safe with him due to this case of charges pending that were dropped, of him being in a relationship with a girl of 15 when he was 20. He is now 37 was married and now divorced. Can they re-issue this warrant in Alaska and or keep his child away from him who has been a outstanding father for 5 years?
Law Office of Joseph A. Katz | Joseph A. Katz
It does not seem as though those specific actions of seventeen years ago would indicate that there was any danger to the children from your son. And no, Alaska has no jurisdiction over the old California case at all, and can neither refile the case nor issue any warrant pertaining to the case. Alaska can pick your son up on an old California warrant, however, if it is still outstanding.
Answer Applies to: California