Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My husband had criminal charges pressed on him for contractor fraud. They listed it as theft over $500. The people that pressed the charges passed away during all the court proceedings (this has been going on for 3 years) and it just keeps getting continued. The children are now trying to take over the charges and telling the courts if we agree to pay them so much money back then they will not pursue him serving jail time. The son that is trying to take over their charges knows nothing about the case to be able to say what work was done and what wasn’t. He doesn’t even have a copy of the contract. He was never given power of attorney. We have pictures proving what he is saying is a lie but the D.A. does not care to see them. I was told by someone that the charges should be dismissed because the original person passed away and her child cannot pick them up. I was told only if it was a civil case then he could. Please help me I cannot find out any information or law number stating he could not pursue the criminal charges. I also live in Louisiana if that helps any. Thank you for your time.”
It sounds like the children, who seem to be in charge of their parents’ estate, are looking to settle the case. The case does not just go away if the plaintiffs pass away. Here are 2 things to consider: (1) settle the case, or (2) hire an attorney to defend your husband. Since there is jail time involved, your best bet is to contact an attorney to negotiate the terms of a settlement. If you are not able to pay for an attorney, contact the local Bar Association’s Pro Bono list, legal aid, or a local law school’s legal clinic, who will either help you for free or on a graduated fee schedule. Since the consequences are so severe, you should definitely consult an attorney to sort out all of the issues.
