When a dismissal is not a dismissal (Part Two)

In a prior post, I pointed out that a dismissal at preliminary hearing does not mean that the case is over, and in fact, it does not mean a thing. Here is the proof. The Fulton County District Attorney’s Office took this case to the Grand Jury immediately, and got the Grand Jury not only to return a true bill of indictment against this defendant for the charges that were dismissed, but they had additional charges added on to this defendant.

Now, when a Grand Jury indicts a defendant for charges that he was not originally arrested for by law enforcement, the State has the ability to ask the Superior Court Judge that accepted the Grand Jury indictment to issue a warrant for the Defendant’s arrest for those additional charges. It is called a bench warrant because it is a warrant that is issued from the bench of the judge. I imagined that the Fulton County District Attorney’s Office moved quickly to indict this defendant to prevent him from bonding out. Moreover, a possible reason that they added the gang related charge against this defendant is that only a Superior Court Judge can set bond for this offense, and not a Magistrate Court judge.

 

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