Legal Question in Criminal Law in Florida

Fugitive declared dead

My ex-husband is a fugitive from the law. He's been missing for 4 years now. If I have him declared legally dead, and he shows up at some point, can he still be tried on the charges (criminal charges for child abuse and molestation 4-5 counts) against him??? I don't want any chance of him getting away with his crimes, so I want to be sue that he would still be tried if he shows up. I would like to have him declared dead so that the children can receive survivor's benefits from Social Security. Thank you.


Asked on 10/24/07, 9:26 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Fugitive declared dead

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I do not believe that being a fugitive from justice would qualify your husband to be declared legally dead and thus enable you to collect survivor benefits for your children. By your own thoughts, he is probably still alive as you state he could show up one day thus you want to preserve his liability for criminal prosecution. This could be considered a fraud upon the government and criminal penalties could result. You need to review the laws carefully before taking such drastic action.

Scott R. Jay, Esq.

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Answered on 10/24/07, 9:55 pm


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