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Witness deceased Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by Lori wortham, Aug 23, 2015.

  1. Aug 23, 2015 #1
    Lori wortham

    Lori wortham Law Topic Starter New Member

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    Jurisdiction:
    Alabama
    I am the defendant and was charged with illegal use of a credit card. Can charges be dropped before trial because the states witness is deceased?
     
    Lori wortham, Aug 23, 2015
    Lori wortham, Aug 23, 2015
    #1
  2. Aug 23, 2015 #2
    davidtassn

    davidtassn New Member

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    They can be dropped..however the state could still pick it up.
     
    davidtassn, Aug 23, 2015
    davidtassn, Aug 23, 2015
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  3. Aug 23, 2015 #3
    CdwJava

    CdwJava Moderator

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    CAN charges be dropped? Sure ...

    WILL they be dropped? That may well depend on how strong the case is against you. If they have evidence that does not rely solely on the testimony of the deceased witness, then they should be able to proceed without any great difficulty. If the ONLY evidence against you is the testimony of the witness, then the state's case may be compromised that the prosecutor might consider a plea or dropping the matter.
     
    CdwJava, Aug 23, 2015
    CdwJava, Aug 23, 2015
    #3

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