Legal Question in Criminal Law in Florida

Re:Charges

My brother was recently charged with 1st degree attempted murder on a victim that is in custody now for illegally entering the country, and was illegal at the time of the alleged incident. However this victim was not initially the victim in the case until recently, he was not on the arrest affidavit, on any reports in the case and was never mentioned when giving sworn statements with the leading detective in the case. Can my brother be charged with 1st degree attemted murder two years later if this illegal victim was never mentioned until now? Also he is in an INS jail and will not be available for trial due to his illegal status?


Asked on 12/14/08, 10:53 am

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Re:Charges

A victim who is illegal is still a victim under the law.I think he will be made available for trial.If not, your brother will get s good offer. Don't bet on the illegal victim angle.

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Answered on 12/14/08, 11:08 am
Aaron Slavin Slavin Law Firm, LLC

Re: Re:Charges

The first degree attempted murder charge is valid. Your brother's attorney, however, has a right to depose the victim. Also, the victim will need to be at the trial to ensure your brother's right to confront the witness(es) against him. The case should probably be pushed to trial quickly to see what the State intends on doing with their victim.

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Answered on 12/14/08, 11:39 am


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