On a muti count indictment - if one count is wrote wrong can . . . What can be done about it

Asked almost 2 years ago - Marietta, GA

Is it hard getting this kind of thing dismissed and if they reindict do they have to on all counts or just the one that is wrong?

Attorney answers (2)

  1. David Edward Boyle

    Contributor Level 15


    Lawyer agrees


    Answered . It depends what you mean by "wrote wrong". The DA can always re-indict a case and correct a mistake. Some mistakes are not fatal to the indictment as long as the accused is sufficiently on notice. A motion can be filed to challenge the indictment, and you should hire a lawyer to do that.

  2. Lee William Fitzpatrick

    Contributor Level 16

    Answered . You should consult your attorney regarding this issue (if you don't have one, get one now, RICO is serious) as there are many factors that apply to whether an indictment is sufficient. If the indictment is dismissed, then the DA would have to re-indict, but that is generally not hard to do.

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