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

    5

    Lawyers agree

    1

    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

    3

    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

    2

    Lawyers agree

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

  4. John Arnold Steakley

    Contributor Level 18

    2

    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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