Atlanta, GA asked in Criminal Law for Georgia

Q: If the indictment was sealed and there was no new evidence can charges be brought back up on that person?

The charges were dismissed and no knowledge of charges were found out until after 1 month and during that time we found out a warrent was placed for their arrest that been standing for w whole month without any knowledge of it. Is that legal?

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1 Lawyer Answer
David Edward Boyle
David Edward Boyle
Answered
  • Criminal Law Lawyer
  • Monroe, GA
  • Licensed in Georgia

A: Unfortunately probably yes. If the case was dismissed at a preliminary hearing the DA can still present the case to a grand jury for indictment. If the grand jury declined to indict the first time the DA is allowed to present it a second time. If the grand jury declines to indict a second time then the case is over and cannot be prosecuted.

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