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What does being indicted mean? What will happen after an indictment for domestic violence?

Tucker, GA |

What is going to happen to my boyfriend after he has been indicted for domestic violence?

My boyfriend of 6 years is currently in jail. He has been there 6 months. He is in jail for 1 felony and 3 misdemeanors. I am the victim in the case, I filed to dismiss charges, but the state picked up the case.

I hired a criminal defense lawyer and signed an affidavit requesting my boyfriend not to be prosecuted. I check with the DA’s office every week, and they always tell me that my boyfriend is under investigation. Now he is indicted, because I am guessing a lawyer filed an indictment, but the DA’s office told me he has no court date whatsoever, and he's no longer under investigation, but he is going to be brought forward with the case.

DOES THAT MEAN HE IS BEING FOUND GUILTY OR WHATS GOING TO HAPPEN & HOW LONG FOR HIM TO BE RELEASED? It’s been over 6 months and still nothing. They have no evidence. It is a domestic violence case BUT he DIDN’T touch me what so ever.

Attorney Answers 3


  1. Best answer

    As the other attorneys have pointed out, an indictment is merely a document that brings the matter before a judge. The law sets out which criminal offenses must be indicted and which can be prosecuted using a document called an "accusation." The fact that the grand jury indicted him means very little, since it is a necessary procedural step in the case. What you should be focused on are A) bond and B) getting the case closed.

    You mentioned that you have hired an attorney. You need to call that attorney and ask about getting a request for bond filed. You would be able to go and testify during the bond hearing and state on the record that you would like for him to be granted a bond. Your attorney can tell you about this process.

    Then, you need to talk with your attorney about how you can help get the case closed without a conviction, if possible. At this point it seems that you have seen the people at the DA's Office concerning the case. Since you are working with an attorney I would suggest you not contact the DA's Office anymore. Instead, you should focus your efforts on talking with the defense attorney to see if you can provide a statement to him or her to forward to the DA's Office asking that the case be closed.

    The State will handle the case how they see fit - not necessarily how you want it handled. However, the prosecutors should still be interested in your point of view. Good luck!

    You mentioned that you have hired an attorney. You need to call that attorney and ask about getting a request for bond filed. You would be able to go and testify during the bond hearing and state on the record that you would like for him to be granted a bond. Your attorney can tell you about this process. Then, you need to talk with your attorney about how you can help get the case closed without a conviction, if possible. At this point it seems that you have seen the people at the DA's Office concerning the case. Since you are working with an attorney I would suggest you not contact the DA's Office anymore. Instead, you should focus your efforts on talking with the defense attorney to see if you can provide a statement to him or her to forward to the DA's Office asking that the case be closed. The State will handle the case how they see fit - not necessarily how you want it handled. However, the prosecutors should still be interested in your point of view. Good luck! Jim


  2. the indictment is the formal charging document. The investigation is over, now the process of convicting begins.


  3. All that an indictment means is that the grand jury indicted him, and the prosecution is moving forward on the charges after the indictment. He has not been found guilty of anything. Now that the case has been indicted it will eventually get assigned a court date so the prosecution may move forward.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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