Legal Question in Criminal Law in Georgia

Hit and Run Death

My nephew was recently killed in a hit and run in his college town. A day or two after the accident, the driver turned herself in to her attorney. The police are ''investigating'' the accident, but as of now (two weeks after the death of my sister's only child) charges have yet to be filed and none seem to be coming any time soon. Taking the obvious emotion out of the situation, but realizing that victim's rights appear to be questionable at best, what is the logical step for an average person to take to assure that something is done in this matter. We have spoken with attorneys, but are told to ''wait and see.'' Is there some type of freedom of information or other way that we, as a family, can demand or receive daily briefings? We understand that the police are under no obligation to inform us, but this just adds insult to injury with the death of a child. How does one proceed with forcing a prosecution in the hit and run death of a person when the driver has come forward and seemingly confessed, yet no charges have been filed?


Asked on 10/10/05, 11:58 am

1 Answer from Attorneys
Kendall Carter The Law Offices of Kendall W. Carter, LLC

Re: Hit and Run Death

As far as forcing a prosecution by the District Attorney, there is no legal mechanism by which that can be accomplished in Georgia. There are definitely political mechanisms, given the right set of circumstances and connections. The Freedom of Information Act gives you the right to look at the police incident reports and all copies of documents filed in the courts of competent jurisdiction. As far as getting the police case file from the officer, as long as the investigation is ongoing, one cannot force their release. It seems to me the best way to obtain periodic breifings on the situation is either to hire an agent (attorney or P.I. to oversee what is happening on your behalf). Additionally, the relevant District Attorney's Office should have an employee or employees devoted to Victim-Witness relations. Such an employee would be responsible for informing you about the progress of the case and responding to your inquiries. Unfortunately, I do not think every DA's office in Georgia has such an officer. If it is a metro Atlanta county, there should be such a person. I know we had a legion of these people when I was an ADA in Atlanta. If you wish to discuss the matter further, please email me.

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Answered on 10/10/05, 12:19 pm


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