Auburn, IN asked in Criminal Law, Car Accidents and Elder Law for Indiana

Q: I'm in Indiana, my father passed away. He was arrested & scheduled for court. Why do they not just drop his case?

He was arrested for leaving the scene of an accident. My husband bailed him out. If they don't drop the case, do I take his ashes so he's present? I mean what do they logically expect from us now? His 2nd court date was this morning and they're "undecided" at husband's last contact.

2 Lawyer Answers

Peter N. Munsing

  • Personal Injury Lawyer
  • Wyomissing, PA

A: Send them a copy of the death certificate. Leave it be--they can't arrest the dead.

Charles Candiano

  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: Send the Death Certificate to the Prosecuting Attorney. If there was property damage or bodily injury and your father did not have insurance, the bond may be held and ordered as partial payment of restitution.

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