Asked in Criminal Law for Georgia

Q: Question about Georgia indictments

My husband got indicted last week in Georgia he is facing Seven charges is possession of methamphetamine possession of a firearm during the commission of a felony will willful obstruction of law enforcement officer. two counts of destroying or causing serious or debilitating injury to a police dog. Possession of drug related object and receipt possession or transfer of a firearm back convicted felon. My husband was arrested last year in Tennessee he is currently serving 3 years in a TN prison. When he was arrested a year ago the cops arrested him at our home in GA. BUT instead of taking him to GA jail they transferred him to a TN jail. My husband was NEVER arrested on the 7 pending charges he is facing in GA. My question is how can my husband be indicted in GA if he's never been arrested/charged?

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1 Lawyer Answer
Joshua Schiffer
Joshua Schiffer
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: You do not have to be present in the state for an indictment to be presented to the grand jury. As long as the GJ acted within the statute of limitations it is likely valid. That means he needs to get a lawyer to defend him as they will prosecute him while incarcerated and those are serious charges. If you cannot afford a lawyer you should reach out to the public defender of the circuit he was indicted in and ask for guidance.

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