Philadelphia, PA asked in Criminal Law for Pennsylvania

Q: If my accusor passed away earlier this month will my case be thrown out?

I was accused of forgery from a woman that I was doing landscaping for, she recently passed away and I received a plea agreement from the state, I have not accepted it, as most officers have told me that the case will be thrown out. What are my next steps from here, will this case be thrown out?

Related Topics:
2 Lawyer Answers
Cary B. Hall
Cary B. Hall
Answered
  • Criminal Law Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Likely, but not necessarily. If she gave a statement to the police or District Attorney's Office before her death, there may be a way they can get that statement into evidence in a trial against you (as well as hearsay from her before her death as told to police officers, etc.). So you're not 100% in the clear, unfortunately . . .

If you don't have one already, get yourself a good criminal defense attorney to advocate for a dismissal. Best of luck to you.

Ryan L Hyde agrees with this answer

Ryan L Hyde
Ryan L Hyde
Answered
  • Criminal Law Lawyer
  • Exton , PA
  • Licensed in Pennsylvania

A: Most "officers"? Hopefully, you have an attorney working with you. As Mr. Hall noted the complainant being deceased doesnt necessarily end the case. There are a number of ways to prove it without her. If you have gone through discovery with your attorney you should know what other evidence they have and what chance they have of succeeding without it.

A lot of this depends on the Commonwealth. If they think they are going to lose they often wont want to go through the expense of a trial. But, believe it or not, they have some pretty good attorneys on their side to. Make sure you have these conversations with your attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.