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If wiretap is dismissed in case and only one prison testify at indictment and all the stuff they testify at grand jury was

Marietta, GA |

Basised on the wiretaps can indictment get dismissed and if so how

Attorney Answers 3


  1. Your question is unclear as to the sequence of events (e.g., wiretap dismissed before indictment or vice versa). I strongly advise speaking with a criminal defense attorney, because while there may be some viable suppression issues, it sounds like there is a lot going on that is better discussed in confidentiality outside of this forum. Good luck.


  2. The judge cannot involuntarily dismiss an indictment prior to trial. However, the State of Georgia can request that an indictment be dismissed at any time. If the majority of their evidence is suppressed, the State may either appeal the order of the trial court suppressing that evidence, or they may decide to dismiss the case. Otherwise, the judge cannot rule on the evidentiary sufficiency of a case until the State has presented its evidence at trial. Then, and only after the State has rested its case, the judge could grant a motion for directed verdict of acquittal.


  3. There is not really a way to get an indictment dismissed based upon the "facts" of the case (or lack thereof). I am going to guess that you have an attorney and the attorney filed a motion that resulted in the wiretap information being suppressed. If that is what happened, your lawyer will be able to tell you what the next step will be. Your lawyer is probably trying to convince the state that it doesn't have a case. If the state agrees, it will usually dismiss. However, if the state thinks it still has a case, or if it thinks it has grounds to appeal, then the case goes on.

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