In today’s post, we will explore the concept of statute of limitations in Georgian law. Simply put, a statute of limitations is a time limit on how long the state can wait to prosecute you for a crime after it has been committed. In general, the more serious the crime, the longer the state can wait to prosecute. For example, the general statute of limitations for administrative offenses is two years. This means that for misdemeanors, the state must file an indictment or charges within two years of the date of the alleged crime or crimes. If prosecutors charge you or accuse you even one day after the statute of limitations has expired, the entire case must be dropped. However, once prosecutors have formally charged you in a case, there is no statute of limitations on the defense.
General Statute of Limitations for Crimes
There is no statute of limitations on murder in Georgia. This means that even if the police discover or obtain evidence of a murder 50 years ago, they can still charge someone. The crime of rape must be charged within 15 years. All other serious crimes punishable by death or life imprisonment must be charged within 7 years and all other crimes within 4 years.
Special Exceptions to the Rule
Although the above are general time limits for prosecution, there are several exceptions. For example, the statute of limitations for minor crimes is 7 years instead of 4 if a victim in the case is under the age of 18. Likewise, the statute of limitations in sex crime cases also does not begin until the accused reaches the age of 16 or when the alleged victim reports the crime (whichever is earlier). For victims over the age of 65, the statute of limitations begins when the state reports or uncovers the criminal offence. Another important exception occurs when DNA analysis is used to prove identity in serious crimes such as armed robbery, kidnapping, rape and other serious crimes. In these cases, the statute of limitations does not apply and the criminal offense can be prosecuted at any time. It is important to be aware of these and other exceptions that may apply to a statute of limitations defense.
Excluded Periods
Georgia Code 17-3-2 provides that the period within which prosecution must begin (per 17-3-1) does not include a period that:
(1) The Defendant is not ordinarily and publicly a resident of that State;(2) The person committing the crime is unknown or the crime is unknown;(3) The defendant is a government official or employee and the crime charged is theft by conversion of public property while such official or employee is; (4) The accused is a guardian or trustee and the crime charged is theft by conversion of property of the ward or beneficiary.
In a recent case, the Georgia Court of Appeals defined “the person committing the crime is unknown” as “the state has sufficient evidence to authorize the lawful arrest of that person for the charged crime.” See Riley v. State, S18A1048 (February 18, 2019).
bottom line
If there is any doubt as to whether the statute of limitations has expired in your case, contact us today for a free consultation! If the deadline has expired and there is no exception, you can very well dismiss the lawsuit against you!
