The panel concluded its review of the case earlier this week and an arraignment will be scheduled, says attorney Stephen Tapson, who represents Nancy. Tapson says he was surprised by the indictment.
"I had assumed they weren't going to," Tapson says. "I'm surprised they waited so long."
He says his client is upset that Jaycee and the two daughters fathered by Garrido haven't visited the couple in jail.
"They're still running out my Kleenex budget," Tapson says. " She wants to see the kids and Jaycee."
Prosecutors have said that Jaycee doesn't want to see the Garridos, and they have also refused to tell the couple's lawyers where Jaycee and the girls are living.
Tapson adds that he remains hopeful that a plea deal can be worked out in which the defendants plead guilty and get some sentence other than life without parole.
This summer, the state agreed to pay $20 million to settle the family's claim that the parole of Phillip Garrido, a violent convicted sex offender, was poorly supervised.