If the indictment already filed is granted a demure (SP) motion, can the person be indicted again?
One of the unfortunate truths about the law in Georgia is that the state gets two bites at the apple with regard to indictments: it needs to be quashed twice before a defendant is immune from prosecution on the twice-indicted (and quashed) offense.
If a demurrer was granted, they have one strike against them. They can be expected to re-indict to correct the issue, but if they screw anything up, that is the point at which the state is out of options.
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Potter Sieg, LLC Phone: 404-270-9289 Fax: 404-935-9308 firstname.lastname@example.org Paul J. Sieg is a criminal defense and entertainment law attorney licensed to practice law in the State of Georgia. All information provided is based on Georgia law and federal law, where applicable, and is not necessarily directly applicable to any other jurisdictions, states, or districts. This response is not legal advice and does not create an attorney/client relationship. Rather, this response is in the form of legal education, and is intended to provide general information. Any specific concerns should be directed to an attorney who is licensed to practice law in your respective jurisdiction.
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