Legal Question in Elder Law in New York

DOUBLE JEOPARDY(Murder True Story)

Friend of mine was locked up for a murder charge. Got out after a long long time. Still claimed innocence. We later found out that the ''deceased'' man faked his death so his wife could receive the insurance money. We tracked them down in Nevada. Basically he is in his later years now and his life is already over with(my friend). Here is the question. I know you cannot be charged for the same crime twice. He believes it would be a waste of time to prove the 'deceased'' individual is still alive and basically wants to know what would happen if he made the false accusation be a reality. He cannot gain back more than 1/3rd of his life and it's too late to do anything with it. So he wants to earn his jail time. If he did make it come true would he have to worry about any charges or would it simply be a case of how can you murder someone that is already dead?


Asked on 1/27/05, 3:09 am

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: DOUBLE JEOPARDY(Murder True Story)

I did NOT understand your question until after I posted my answer.

Your question should not have been posted, since you are asking a question that abuses your terms of use.

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Answered on 1/29/05, 9:47 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: DOUBLE JEOPARDY(Murder True Story)

Your question is unclear.

But, if you want to know whether it's worthwhile to "prove" the innocence of a person, who has already been punished, the answer is an

unqualified YES, YES YES!

Conviction and incarceration for a felony usually severally impacts on a persons options re, income, living circumstance, benefits, voting, life expectancy, etc..

"Double Jeopardy" usually refers to not being RE-tried for the "same" crime; which essentially means that the charges and parties are the same.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 1/27/05, 3:26 pm


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