Macon, GA asked in Criminal Law and Domestic Violence for Georgia

Q: Does the solicitor general have the power to change/add charges? Up them from misdemeanor to felony?

I was told by the “advocate” at my local solicitor generals office that the solicitor does not have the power to change/add charges. My ex is being tried for FV Simple Battery with previous conviction of FV Battery amongst other violent felonies. Due to him bonding out with no conditions to protect me I was intimidated into signing non prosecution affidavit. It is back on judges calendar but solicitor hasn’t added charge for intimidation of witness? His assistant/“advocate” is saying I need to make a police report for the intimidation and that’s the only way he can be tried for it?

1 Lawyer Answer
Glenn T. Stern
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  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The solicitor's office does have the authority to add, remove, or modify charges as they see appropriate. It happens all the time.

Furthermore, if they believe a charge should be a felony (such a domestic violence charge for someone who has a prior conviction for domestic violence)-The solicitor can send the case to the district attorney's office to charge it as a felony. But it's not required. Furthermore, the district attorney's office gets to decide for themselves whether or not to take any action after a case is sent up from the solicitor's office. Sometimes they decline, and send the case back to the solicitor.

In order to present a charge for witness intimidation, at a minimum they need a victim to formally make the allegation. If you haven't tried to file a police report or perhaps a sworn affidavit-they don't actually have any facts in front of them to bring that charge.

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