Legal Question in Criminal Law in Florida
deceased defendant
as the victim of a felony battery, a trial request has just been served. The process server's return has informed us that the defendant is deceased. is my claim dead, or can the estate be liable?
Asked on 4/23/09, 8:05 am
2 Answers from Attorneys
Kendall Horween
Kendall L. Horween, P.A.
Re: deceased defendant
Your criminal case against the defendant (deceased) is over. The State can't prosecute a dead person.
You should consult with a civil attorney about a suit against the estate to recover for any injuries, pain/suffering, loss of work, etc.
Answered on 4/23/09, 3:12 pm
Valerie Masters
Valerie Masters, P.A.
Re: deceased defendant
In a criminal case a defendant is necessary to proceed.
Answered on 4/23/09, 8:26 am
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