The statute of limitations for criminals in Georgia is a set period of time within which the state must bring a case against someone for criminal activity. If the state tries to bring charges against someone after this period, the accused can usually dismiss the case with the help of a criminal defense attorney who has a wide range of criminal defense skills practice areas.
Certain criminal activities such as murder have no statute of limitations and the state never loses its right to prosecute the crime. For other crimes, the state may only have a year or two to start the case, and the statute of limitations timer starts ticking once the alleged crime has been committed.
Some crimes, including murder, have no statute of limitations. However, other offenses punishable by death or life imprisonment have a statute of limitations of seven years. Most specific offenses do not have a predetermined statute of limitations, but the general guideline is that most crimes, barring rape, murder, or crimes against underage victims, have a four-year statute of limitations, while misdemeanors have a two-year statute of limitations.
DUI Statute of Limitations Georgia
Most DUI offenses are classified as administrative offenses in Georgia, which is why the statute of limitations for a DUI in Georgia is two years. If the request is not made within two years, the prosecutor cannot bring charges against the accused.
However, repeat DUI offenses can result in a DUI offense, which has a statute of limitations of four years. DUI offenses are considered a criminal offense, unlike the smaller types of driving violations covered in the Decalb County Traffic Court.
Georgia Rape Statute of Limitations
The statute of limitations for rape in Georgia is 15 years from the commission of the crime. However, the statute of limitations for criminals in Georgia becomes more complex when the victim is under the age of 18.
In the case of minor sexual offenses, the statute of limitations is seven years instead of four if the alleged victim is under the age of 18. In cases of sex offenses against minors, the statute of limitations either does not start until the alleged victim is 16. For victims aged 65 and over, the statute of limitations does not start until the crime is reported or recognized by the state.
Another key exception occurs when DNA analysis is used to establish the identity of the suspected criminal in serious crimes such as armed robbery, kidnapping, rape, aggravated child molestation, aggravated bestiality, and aggravated sexual assault. Under these circumstances, the statute of limitations does not apply and the criminal activity can be prosecuted at any time.
