What does that mean when a criminal case is pending?

Asked over 4 years ago - La Grange, KY

he has a rare disease called benign heridatary chorea he fell with our daughter accidently his legs give out with his condition they sayin the injuries are to severe they tryin to get him for assault 1st degree and criminal abuse 1st degree?

Attorney answers (3)

  1. Ronald S. Pichlik

    Contributor Level 18

    Answered . It sounds like a criminal charge has been filed and that the case/charge is pending. It can be pending investigation. It can be pending at some level within the courts. I am assuming that the facts you have provided go to your belief that he cannot have done what is alleged due to his physical limitations/disabilities. If so, that is a factual assertion which he and his attorney will have an opportunity to present to a jury at some point. His physical condition does not create a legal defense, but only a factual defense. His attorney can explain this in more detail if necessary.

  2. Theodore W. Robinson

    Contributor Level 20

    Answered . I agree with the first answer. Pending can mean the case has already been started and is pending a final outcome or it can mean that the case is being investigated with a view towards charging the person with a crime. Even if he is charged, his attorney has the chance to present all of the issues you mentioned during the case itself.

    Good luck.

  3. Daniel Aaron Horowitz

    Pro

    Contributor Level 10

    Answered . I think your answer got cut off in part. Are you saying that a medical condition caused him to fall and the prosecutor's think he deliberately attacked someone?

    Daniel Horowitz
    www.whitecollar.us

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