By: Larry Kohn, AVVO superstar with over 600 AVVO reviews, making him one of the top criminal lawyers near me
If you’ve been arrested for a serious felony in Georgia, you may face a indictment by a grand jury.
This process, guaranteed by the Fifth Amendment, prevents the government from charging someone with a serious crime unless a group of citizens, called a grand jury, first reviews the evidence and agrees there’s enough to go to trial.
In this article, Atlanta criminal defense attorney Larry Kohn explains what indictment by grand jury means, how grand juries work in Georgia, the differences between a true bill of indictment and a no bill of indictment, and how a defense attorney can help before or after the indictment process.
What Does It Mean to Be Indicted by a Grand Jury?
A grand jury indictment means prosecutors have presented evidence to a panel of jurors, who determined there’s probable cause to charge you with a felony. This does not mean you’re guilty, it simply means the State now has legal authority to move forward with a formal prosecution.
In Georgia, grand jury indictments are required by law (O.C.G.A. § 17-7-70) for certain serious felonies. That includes murder, rape, armed robbery, kidnapping, hijacking, aggravated child molestation, aggravated sexual battery, home invasion in the first degree, human trafficking, and drug trafficking.
This grand jury indictment process is held in secret to protect the accused individual from public scrutiny, in case the indictment does not move forward.
How Is a Grand Jury Different from a Trial Jury?
Unlike a trial jury (also called a petit jury), a grand jury doesn’t decide whether you’re guilty or not. Also, the rules of evidence don’t apply in the same way. This means that prosecutors can present summaries, reports, or hearsay, so long as it’s not knowingly false. Defense attorneys are not allowed to be present at this stage, either.
By contrast, a felony trial jury includes exactly 12 jurors, and all 12 must agree to convict you. This means the standard for indictment is much lower than what’s required at trial.
A Georgia grand jury must include at least 16 and no more than 23 jurors, and this panel votes to return one of two possible outcomes: a “true bill of indictment” or a “no bill of indictment.”
These “Bills” do not formally proclaim guilt or innocence, they simply mean the charges will either move forward to trial or not.
What is a True Bill of Indictment?
A True Bill of indictment means that a grand jury has found probable cause (more likely than not) to believe a felony was committed. The “true bill” is the grand jury’s formal endorsement of the proposed indictment, which lists the charges brought against the accused. Once this true bill is returned, you are formally indicted under Georgia law.
What Happens After an Indictment?
If you’re formally ‘indicted’ by a grand jury, then your case moves to the arraignment phase. Or, if you’re not already held in custody, a warrant will be issued for your arrest. At the arraignment, you will enter a plea of guilty or not guilty.
After the arraignment, your defense attorney will receive the evidence against you during the discovery phase, and the court will set dates for pretrial motions and hearings. This is when your attorney may file motions to suppress evidence, challenge the indictment, or negotiate with the prosecutor for a possible plea deal.
If no plea is reached and the charges aren’t dismissed, your case will proceed to trial before a jury. In felony cases, you have the right to demand a speedy trial under Georgia law, which can force the State to bring your case to trial within a specific timeframe or risk dismissal.
Remember, an indictment is NOT a convection.
It’s the beginning of a formal process where an experienced defense attorney can challenge the charges and fight for the best outcome possible.
What Does “No Bill” or “No True Bill” Mean?
If the grand jury issues a ‘No Bill” or a “No True Bill,” that means the grand jury found insufficient evidence and no probable cause to charge you with a crime. Even if the grand jury returns a no bill and the case doesn’t move forward, the original arrest still appears on your criminal history.
Sometimes court records use confusing phrases like “dismissed due to grand jury indictment.” This usually means the grand jury either chose not to indict (no bill) or that the case was later dismissed after being indicted. Either way, it doesn’t erase the original arrest.
Being ‘no billed’ isn’t the same as Not Guilty, however.
Can a No Bill Case Be Reopened?
Yes. If a grand jury issues a no bill, the prosecutor can re-present the case to another grand jury. However, Georgia law places a limit on how many times a no bill case can be reopened.
Under O.C.G.A. § 17-7-53, if two separate grand juries return a no bill for the same charge, the State is barred from bringing that charge again, unless there’s evidence that the earlier decisions were affected by fraud or misconduct, or new, compelling evidence has come to light.
In those rare cases, a judge can authorize the case to go before a third grand jury.
This rule is meant to prevent the prosecution from continually re-filing charges when jurors repeatedly find no probable cause.
Indicted for a Serious Felony in Georgia? Contact an Experienced Criminal Defense Attorney
If you’ve been indicted for a charge that must go through the grand jury process in Georgia, like rape, armed robbery, aggravated child molestation, or drug trafficking, the case is now headed to Superior Court.
At this stage, it’s critical to have a criminal defense attorney who knows how to review the indictment for legal flaws.
This can include defects in how the charges were drafted, violations of procedural rules, or problems with how the evidence was presented to the grand jury.
In some cases, we can file pretrial motions to challenge the legal sufficiency of the indictment itself: if the charges are vague, improperly drafted, or legally deficient.
If the court agrees, the indictment may be quashed or dismissed, which can lead the prosecution to drop the charge or refile different charges.
Call now for a FREE consultation with Larry Kohn, Cory Yager, or William C. Head. Our metro Atlanta criminal defense lawyers are available 24/7. (404) 567-5515
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