Legal Question in Criminal Law in Indiana

robbery

Stright an to the point my boyfriend is incarserated for robbery a class B felony an we went to court an they are taking it to trial an what i wanted to know is the victim in the case has passed away an there is only 1 other witness an he is incarserated for the same crime an refuses to turn states evedince against my boyfriend an the discovery the victim stated my boyfriend was there but the other guy actually did the robbery do you think its a good chance they will find him guilty in trial because i understand you have the right to face your accuser but what if the victim has passed away? what happends in this kind of sitituation?


Asked on 10/21/00, 9:20 am

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: robbery

The death of the alleged victim does make it more difficult for the State. However, whatever evidence may exist, even if circumstanial, may be used against him. If other witnesses are not cooperating with the State this will also help his situation.

The State may be able to secure a conviction on a lesser count or charge if applicable.

You must also realize that the State may wish to move forward with trial even if they know there is a good chance that they may not win.

He should really discuss this with his attorney.

If he does not have an attorney he should secure one as soon as possible. A full review of the facts in this case will be necessary to provide a clearer answer than what I can give you at this time.

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Answered on 11/15/00, 12:03 pm


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