Legal Question in Criminal Law in Missouri
my wife is in a burglary case and one of the witnesses that was against her has commited suicide. and another has attempted to commit suicide. there is only one witness left that hasnt been through the psych ward or is dead. however there is 3 witnesses that are claiming her innocence. all with no arrest record and honestly upstanding citizens. how she got involved with this i can only think that they were trying to get something from her that she didnt have...anyone ways my question is what the likely hood that her case will get dismissed considering that the only thing the actually have is he said she said... no one can actually place her at the crime.... matter of fact she was supposedly a look out for them in a different county...but anyways like i said she has me and 2 other people to say that she was at the house looking after my 7 month old at the time.... this is a incredibly stupid accusation. the people that are getting busted for the actual burglary are just mad that we cooperated with the police and gave up all the items...
1 Answer from Attorneys
It is nearly impossible for you to provide enough information in this fiorum for an attorney to accurately predict the outcome of your wife's case. Generally, if the witnesses are unavailable to tesify, (such as due to their death) then the case agaisnt yoru sife may be weaker than it was before. Some of their recorded testimony may be admissable at trial. but, your wife's attorneys may be able to keep it out. Many trials are disputes of he said -vs- she said. The state has the burden to prove all the elements of the crime, if your wife is to be convicted.
Ask yoru wife's lead attorney what he thinks the cahces of adismissal will be. If she has proved evidence useful in convicting the others, then perhaps a plea agreement can be reached.
Good luck
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