Legal Question in Criminal Law in Florida

I need help here this would pertain to Florida Laws. If a defendant in a felony drug case in Lee County Florida supposedly died on May 2, 2013 Why is court records still showing an open case and in fact the State continued the arraignment on May 13, 2013 and a Case Management Conference Scheduled for July 2013. This is making me think this defendant is still alive?? Interesting to note also that 6 days after supposed death court records changed on the 2nd charge.. I am totally confused by this... I myself live in Indiana I'm just surprised if in fact there is a death why isn't case closed or dismissed?? I'm putting state in info box as Florida so perhaps it gets to the right person.


Asked on 5/18/13, 10:54 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Whenever a defendant in a case dies, the case just doesn't get dismissed immediately. The State has to file a motion for abatement. Sometimes this process takes several weeks or more. So if this person has died, then yes it will be dismissed, but there is a process that the courts must follow when this happens.

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Answered on 5/18/13, 9:13 pm


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