Legal Question in Criminal Law in Kentucky

You present an interesting question. Certainly the dealer is liable to criminal prosecution for selling controlled substances; although the police will need some hard evidence that the transactions you suspect actually took place. If his criminal behavior resulted in a death, it is possible he could also be charged with some degree of homicide, but the interceding actions of your sister may provide him with a defense.

Another approach would be to file a civil wrongful death lawsuit against the dealer, on behalf of your late sister's estate. The standards of proof would be much lower than in a criminal prosecution, and your sister's heirs would stand to receive some sort of monetary compensation for her death.

Naturally, the advisability of such a civil lawsuit would depend upon a number of factors unknown at this time, such as whether the dealer possessed sufficient assets to make a lawsuit worthwhile.

In any event, you should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

I extend to you and your sister's family my sincere condolences for your tragic loss.

Thomas A. McAdam, III

Attorney at Law

234 South Fifth Street

Louisville, Kentucky 40202

(502) 584-7255

[email protected]