Legal Question in Criminal Law in Georgia
Indictment in Capitol Cases
By law is the state of Georgia required to have a grand jury indictment or any of type of indictment in capital cases such as murder? If not what grounds does the denfendant have if convicted of the crime?
Asked on 12/12/03, 8:25 pm
1 Answer from Attorneys
Phillip A. Strickland
Law Offices
Re: Indictment in Capitol Cases
All felonies, such as capital murder, are always formally charged by indictment after the Grand Jury returns a True Bill (a finding of probable cause), unless the defendant waives this constitutional right. Indictments are handled by the county�s District Attorney�s Office. Misdemeanors can be charged by indictment, especially aggravated misdemeanors, but typically minor crimes are charged by the County Solicitor�s Office in a document called an Accusation.
Answered on 12/12/03, 10:27 pm
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