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What could be taking so long??

Atlanta, GA |

I was charged with cruelty to children in the 2nd degree in September of 2009 and the only thing done so far in my case was a Grand Jury hearing back in October 09 in which I was not indicted. I check back with the DA's office weekly about court dates but still don't have one or even a second Grand Jury hearing on the case. I'm just wondering what could be taking so long in making any progress in my case.

Attorney Answers 2

Posted

Well if a grand jury returned a no bill on the indictment it could be that they are not going to proceed with the prosecution. There could be any number of other issues that would contribute to the period of delay you have described. You should consult with an attorney who could give you more specific advice based on the facts of your case, and may be able to find out more about the status the prosecution, or lack thereof. As long as you make sure the DA/court has up to date contact information for you they have to send you notice of any upcoming court date. You are not required to keep calling the DA's office other than to potentially give them change of address information if you move.

This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. Each case is fact specific, and it is impossible to evaluate a legal question without a review of all the facts at issue. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question.

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Posted

Unfortunately, there is nothing that can be done to make the DA's office get started on a prosecution. There is a statute of limitations past which the state cannot bring a prosecution, but that is years, not months, away. As long as the court has your current address, you will be notified if anything happens. An attorney may be able to push the DA's office to make a decision over what they want to do. Consult one if you would like to see if that will move things along.

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