death before sentencing

[awegrzyniak]

What is the name of your state (only U.S. law)? Michigan

My brother was facing a felony drug possession, a misdemeanor marijuana possession, and two unlawful carry charges. He had gone to two court hearings and I believe his next one was for sentencing but unfortunately he committed suicide last week. My family is utterly crushed by his actions, and I'm wondering if someone should appear on his behalf to inform the court of the circumstances as well as what they will do next. Will they continue to sentence him and kick out a warrant knowing that he's no longer a live and will never be picked up? I really don't know where else to turn for advice and me as well as my family is severely depressed over this. Any help would be appreciated, god bless. And thank you for your help!

 

[Zigner]

Nobody needs to appear on his behalf. If you are feeling up to it, contact the prosecutor and advise him/her of your brother's death. However, it's really a moot point if a warrant is issued, etc.

 

[Just Blue]

What is the name of your state (only U.S. law)? Michigan

My brother was facing a felony drug possession, a misdemeanor marijuana possession, and two unlawful carry charges. He had gone to two court hearings and I believe his next one was for sentencing but unfortunately he committed suicide last week. My family is utterly crushed by his actions, and I'm wondering if someone should appear on his behalf to inform the court of the circumstances as well as what they will do next. Will they continue to sentence him and kick out a warrant knowing that he's no longer a live and will never be picked up? I really don't know where else to turn for advice and me as well as my family is severely depressed over this. Any help would be appreciated, god bless. And thank you for your help!

I am very sorry for your loss... Blessing to you and your family.

Blue

 

[TigerD]

Nobody needs to appear on his behalf. If you are feeling up to it, contact the prosecutor and advise him/her of your brother's death. However, it's really a moot point if a warrant is issued, etc.

I disagree. They certainly should notify the prosecutor and the defense attorney. If a warrant is issued, the OP could be on the receiving end of a SWAT hit team ... err raid.

DC

 

[quincy]

The prosecutor, upon notification of the death, will under most circumstances file a declaration with the court (a nolle prosequi) voluntarily withdrawing the case. And the court will then generally dismiss it.

But I agree with DC that the prosecutor should be notified. The prosecutor will probably require a copy of the death certificate.

I am sorry for the loss of your brother, awegrzyniak.

 

[aardvarc]

As for any warrant issue...law enforcement should be aware of the death as any suicide triggers an investigation. As part of that investigation, the driver license office would routinely be notified automatically and any law enforcement agency attempting to enter a person into NCIC as wanted should, as a matter of procedure, run the driver license of the person to make sure that certain information matches correctly; thus they should know that the wanted person is deceased before any warrant is actually entered.