Pascagoula, MS asked in Criminal Law and Civil Rights for Georgia

Q: How can someone be indicted after being arrested on defective warrant?

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1 Lawyer Answer
Jermario L Davis
Jermario L Davis
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: A warrant is not defective unless a judge determines it to be so. As such, any indictment resulting from that arrest would be presumptively valid. That being said, depending on several factors, including any evidence used to obtain the warrant, you may have a valid defense to the charges if there were issues with the evidence used to get the warrant or the way in which it was gathered.

In short, there's not much you can do to stop an indictment. After hiring an experienced attorney, his/her goal would be able to attack the indictment and/or the evidence used to make out the case.

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