Legal Question in Criminal Law in Georgia
i am charged with burglary and my accuser has passed away how can i beat this case
3 Answers from Attorneys
You need to contact an experienced criminal defense attorney to review the case and analyze whether the state can meet its burden of proof absent the deceased witness. Feel free to give me a call with any questions you may have.
No one here could possibly guess without knowing what evidence there is independent of the accuser. This is something you should be talking over with your lawyer (with a charge that serious it would be foolish not to have retained a lawyer immediately).
You have nothing to worry about. Without the accuser, the state cannot prove their case. That is the only thing you want to read, so there it is. If you are wrong about anything: (1) the accuser is not deceased; (2) the deceased person is not the accuser; (3) your fingerprints are located inside of the residence; (4) another independent witness can put you in or near the premises; (5) you are in recent unexplained possession of items stolen from the residence; (6) a co-defendant will testify against you THEN YOU WILL BE HEADING TO PRISON. Good luck.
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