QUESTION

If the victim in a identity fraud case dies before the defendant goes to trial, is there still a case?

Asked on Jan 26th, 2011 on Criminal Law - Ohio
More details to this question:
If the victim in an identity fraud case dies, before the case is even tried in court, is there still a case? Or will the charges be dropped? This case is in Ohio.
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1 ANSWER

Employment & Labor Attorney serving Oregon, OH at Rice & Co.
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The death of the victim itself would not in itself terminate the case. It is likely that the victim in an identity fraud case would be an important witness. In many cases, it may not be possible to proceed without them, and this might result in dismissal of the charges. However, I can envision several sets of circumstances where the victim's testimony would not be required to prove a case, and a conviction could be possible without them. It all depends on what other evidence the prosecution has besides the victim's testimony.
Answered on Jan 27th, 2011 at 12:58 PM

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