If an indictment is dismissed because there was not a specific date associated with a charge, can the person be indicted on the

Asked 10 months ago - Fayetteville, GA

If the indictment already filed is granted a demure (SP) motion, can the person be indicted again?

Attorney answers (4)

  1. Mark Allen Yurachek

    Contributor Level 13


    Lawyers agree


    Answered . 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.

  2. Paul Jonathan Sieg

    Contributor Level 12


    Lawyers agree

    Answered . Yes.

    Potter Sieg, LLC Phone: 404-270-9289 Fax: 404-935-9308 psieg@pottersieg.com Paul J. Sieg is a criminal... more
  3. Lee William Fitzpatrick

    Contributor Level 16


    Lawyers agree

    Answered . Yes, the person can be re-indicted.

  4. John Arnold Steakley

    Contributor Level 18


    Lawyers agree

    Answered . Yes.

    ↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.... more

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