Legal Question in Criminal Law in New York
what if a potential witness dies before a trial?? can the case be dropped?
Asked on 9/02/10, 6:55 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
It can be, but it doesn't have to be. Whether to drop the case is up to the D.A. If the witness was crucial to the case and there is no way to make up for the lack of her testimony, then the D.A. will probably drop it. If the D.A. and the defendant disagree about this, the defendant can ask the court to dismiss the case.
Answered on 9/07/10, 11:20 am
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