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

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

Posted

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.

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Asker

Posted

The mistake is the predict act fell outside of the date accused in Rico charge

Asker

Posted

And can they just amend it or would they have to reindict ?

David Edward Boyle

David Edward Boyle

Posted

If it is an indictment it has to be represented to a grand jury to be fixed, if it is an accusation it can be amended anytime prior to trial.

Posted

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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