Home Invasion Case Q

[FR272012]

Hello everyone. Thanks for taking the time to read my question. Hopefully someone can help me out.

My cousin-in-law, Chris was arrested in January for Home Invasion. There were also 2 other arrests made for equal involvement. They are offering Chris a deal if he speaks on the others involvement. The problem here is that one of the men is in the hospital ICU. He may or may not make it. If he dies, what does this mean for Chris? Will he not be able to take the deal? Will all the blame then fall on him and the other man since the system can't prosecute a dead man? Even if this man had the most involvement?

Please help me out with this, I don't think Chris knows of the other man's condition. I am not in frequent contact with him but I do know of his lawyer who may or may not know.
I don't know if this is something I should inform them of.

Thanks a million. I appreciate it

My best always,

~*FR272012

 

[NYClex]

Well, this question cannot be answered without many more details. But let me say this: it depends on the charges and the details of the case. Your cousin could be charged with a multitude of different things, but among them might be conspiracy, burglary, robbery, etc etc. The interesting part is the conspiracy part, because for this charge it is sufficient to have agreed to do the crime, but he does not have actually been there when it happened.

So if there are three conspirators and one conspirator dies, does it make a difference? Or, if they actually committed the invasion, there are three accomplices and one of them dies? Generally it would not make a difference. The prosecution can charge those who they have, even if they haven't others any more. But it might make a difference in the evidence. Your cousin's testimony might be more or less worth to prosecutor now, without knowing the details nobody can say. Your cousin's attorney, though, should know it and should be able to handle it.

 

[FR272012]

OK, thanks so much for your reply.

The crime was committed and my cousin in law, Chris is being held. The others (Jason [planner] and Brian [ driver])are not. And like I said the one(Jason) is in the ICU (unrelated to the insodent).

I guess the main concern here is if Jason dies, can Chris still take the deal pushing the blame rightfully on Jason? Or will all the blame then fall on Chris and the driver?
Jason was the one who came up with the idea and played the main part in its execution. I know Chris went along expecting something different, he was lied to and unaware of the situation untill he was inside the house. It was basically a set up to get him to do something he wouldn't ordinarily do.

Hope these details help. I will try informing Chris' lawyer but for some reason my husband is reluctant to get me any more involved.

Thanks again.

~*FR272012