Tifton, GA asked in Criminal Law for Georgia

Q: If the grand jury calendar shows special presentment under the case, what does this mean?

The officer is GBI and under charged the calendar says special presentment

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

A: This essentially means that the charges on the indictment are not a result of an arrest warrant. Where the general procedure is for a law enforcement agency to perform an investigation, execute an arrest warrant and then provide the prosecuting agency with their file. The prosecutor then reviews the reports and decides what charges to indict from the warrants and if there are additional charges. A special presentment occurs where there was a criminal investigation and instead of obtaining an arrest warrant from a magistrate judge, the prosecutor's office presents the case to the Grand Jury and they, not the Magistrate Judge decide if there is probable cause to move forward.

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