Legal Question in Criminal Law in Arizona
I have been accused of kidnapping and assault by a person who is terminally ill. The only evidence they have is her statement and a witness whose version of what happened is inaccurate and impossible. If the accuser pass away from this illness prior to any court proceedings what can the state use against me?
1 Answer from Attorneys
Without reviewing the file, it is difficult to give you a guarantee. Normally, the witness will need to be present in court in order for her statement to usable. However, if the State is concerned about her impending death, they can take her deposition. Her deposition would be usable in court.
Law Offices of Howard A. Snader
14300 North Northsight Blvd., Ste. 230
Scottsdale, Arizona 85260
(480)588-5699
www.NotACriminal.com
http://AZCriminalDefenseLawyerBlog.com/
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