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

Fayetteville, GA |

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

Attorney Answers 4

Posted

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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Asker

Posted

Thank you for your help.

Asker

Posted

What if evidence listed in the log is not included in the discovery packet?

Mark Allen Yurachek

Mark Allen Yurachek

Posted

Entirely different question, but the evidence log itself appears to have been included in discovery and maybe pictures of the items seized? The state wouldn't have to provided the actual things seized, but if it is relevant to the case the defendant's attorney should have the opportunity to inspect it/them.

Asker

Posted

Only some of the pics, 8 out of 12. Also due to a malfunction there is no audio of the interview.

Mark Allen Yurachek

Mark Allen Yurachek

Posted

I kind of understand where you're going, but am uncomfortable with responding to partial information. It's not your fault, I know you're trying to ask good questions, but it probably requires more detail than you should be disclosing here. I'm guessing if the indictment go dismissed once, then there was a lawyer involved and you probably should ask him or her (or another lawyer if you choose) those questions in specific detail outside of a public forum.

Asker

Posted

I understand, and you are right. I probably disclosed more than I should. I will just have to wait until my attorney has more time to talk. Thank you for your time and help. I appreciate it.

Posted

Yes, the person can be re-indicted.

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Posted

Yes.

Potter Sieg, LLC Phone: 404-270-9289 Fax: 404-935-9308 psieg@pottersieg.com 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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Posted

Yes.

↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.

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