Old & Moldy

What is one way to possibly beat a criminal charge? Let the case get old and moldy. Many times defendants are in a rush to get a case over with, but that may not be in their best interest. And can you blame them? When bad things happen, people like to get those bad things in the past as fast as possible. But, in the criminal-defense world, an old case can be a good case. Why is that? Because witnesses move away and can’t be found, witnesses forget what they saw and heard, evidence gets misplaced, etc.

Recently, in Coles County, the State dismissed an arson case that was three years old. According to this news story, the State was unable to track down witnesses, so it dismissed the charges. You see, the case got old and moldy, and now the defendant is free.

Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.