Legal Question in Criminal Law in Georgia

Timing of indictment and compelling victim testimony

My sister was raped 3 weeks ago. Luckily there are several witnesses and

some evidence, and the case will go to the grand jury tomorrow--even before

the blood toxicology report has come back (she was undoubtedly drugged,

and the blood was drawn within approximately 4 hours).

How long after the grand jury in Fulton County GA has been presented with

the case would it normally indict or no bill?

Secondly, should this case go to trial, can my sister be made to testify against

her will? At present she does not want to, though I detect a bit more strength

in her as the weeks go by.


Asked on 7/25/05, 7:10 pm

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

Re: Timing of indictment and compelling victim testimony

I used to be an ADA in that Circuit. Once the case is presented to the Grand Jury, you should have an indictment or no bill within minutes. If the case has as much evidence as you say, they should return an indictment no problem. However, I am not familiar with all the facts and can by no means predict with 100% accuracy what the Grand Jury will do. If your sister refuses to honor her subpoena by coming to court when ordered to do so, she can be held as a material witness in the Fulton County Jail. If she gets on the stand and recants, she could be prosecuted for Perjury. However, both of these measures are in the extreme. Knowing the staff at the DA's Office the way I do, I would consider it much more likely that they would work very well with her to prosecute the case in as painless a manner as possible. Please feel free to contact my office if you have any further questions. (404) 542-2261

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Answered on 7/26/05, 9:41 am


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