Atlanta, GA asked in Criminal Law for Georgia

Q: In the state of Georgia must the defendant be indicted on charges before obtaining discoveries?

Must the case be brought before a grand jury in Dekalb County GA before the defendant and their legal counsel can obtain the discoveries regarding the accusations?

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1 Lawyer Answer
Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: While it is sometimes possible to obtain certain items prior to indictment, the State has no legal duty to provide discovery material until the formal indictment has been filed. In my experience most prosecutors will have discovery at arraignment or within 10 days of arraignment.

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