My daughter had a warrant in Kentucky in 2008 and was not aware of it needless to say July of 2008 she was detained in Texas where she was residing and extradited to Kentucky.She was very traumatized by this experience and also in transit to Ky had a miscarriage.She was released on bail of $2500 her charge was a class d felony identity theft use of info without permission. She fled Kentucky fearing that she would be imprisoned and not be able to raise her 5 small children and the charge was something her older sister did so instead of facing court she left and that was 8 years ago.
Yes, once criminal charges are filed, it is the Commonwealth's case, and they can continue to prosecute even though the complaining witness has died. Technically, a person cannot bring a criminal charge; they can ask the prosecutor to take criminal charges against someone, but it is up to the prosecutor to determine whether to actually file a criminal action.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
If your daughter failed to appear in court in 2008 after she was already detained in Texas, there is almost certainly a warrant for her arrest. That warrant would still exist even if the alleged victim is deceased. Additionally, the prosecutor can ask (and may already have asked) that the $2,500 bond that was posted for her be forfeited for her failure to appear. You should contact a local criminal defense attorney (find one using AVVO or by contacting your local bar association) to discuss the possibility of her presenting herself to the court. If the prosecuting witness is deceased, the prosecutor will likely have a difficult time (but maybe not impossible) proving its case.
Providing this information does not create an "attorney-client" relationship nor should it be viewed as legal advice.
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