My father in law has been missing for 6 years and my husband thinks they can still try him on drug charges and convict him even though no one has spoken with him or knows where he is.
2007-01-25 13:42:42 · 8 answers · asked by wada670 2 in Politics & Government ➔ Law & Ethics
He had not been arrested or charged with anything before he disappeared. He thought he might be under investigation though so he might have ran. No one knows. Can he be tried still?
2007-01-25 13:55:38 · update #1
ive heard of this happening it is called inabsentia or something like that.and we think we live in a free country...yea right
2007-01-25 13:50:32 · answer #1 · answered by kevin m 4 · 0⤊ 0⤋
There are certain cases that are trialed inabsentia, but most prosecutors don't bother doing so unless it's a high profile case. It's been 6 years! Check the statute of limitations on his particular charge. They may be approaching the point where they can't bring charges against him anyway.
2007-01-25 22:26:41 · answer #2 · answered by Kelleysunshine 3 · 0⤊ 0⤋
Where the offense is not capital and the accused is not in custody, . . . if, after the trial has begun in his presence, he voluntarily absents himself, this does not nullify what has been done or prevent the completion of the trial, but, on the contrary, operates as a waiver of his right to be present and leaves the court free to proceed with the trial in like manner and with like effect as if he were present. Diaz v. United States, 223 U.S. at 455 (emphasis added).
2007-01-25 21:52:40 · answer #3 · answered by Edward L 3 · 0⤊ 0⤋
If he's brave, he could try waiving his right to a trial. Then he could be held and never actually be convicted. I doubt he would be allowed to do that. I also doubt he would want to sit in jail even though he would not be a convict.
2007-01-25 22:11:24 · answer #4 · answered by Jack 7 · 0⤊ 0⤋
Totally, Yes I know this to be true...Ben there Done that!!.I got 9 months in county for absconding from Justice..Trust me, you do not have to be presant in the flesh to get convicted in a court of law in the Good Old U.S.A
2007-01-25 21:59:59 · answer #5 · answered by Martialarts exp. 1 · 0⤊ 0⤋
Yes- the court will appoint a public defender to represent his interests and can convict him in his absence.
2007-01-25 21:53:44 · answer #6 · answered by katiekat 3 · 0⤊ 0⤋
That's right. Don't do the crime if you can't do the time.
2007-01-25 22:24:30 · answer #7 · answered by CRZYDV 2 · 0⤊ 0⤋
You can be tried in "abstention"
2007-01-25 21:51:02 · answer #8 · answered by jaypea40 5 · 0⤊ 0⤋