Understanding the Statute of Limitations: Georgia Criminal Law

How Georgia Criminal Statutes of Limitations Work

The primary purpose of the statute of limitations is to ensure that criminal cases are commenced and disposed of as soon as possible. In many cases, a lengthy interval between the occurrence or commission of a crime and the trial is a disadvantage for defendants and the criminal justice system.

The passage of time could lead to the loss of substantial physical evidence. Key witnesses may have forgotten important details that ought to form part of their testimony. Some may be unavailable to testify at the trial, making it difficult or impossible for the prosecution to prove their case.

Subjecting a defendant to a trial in such circumstances would likely amount to unfair prosecution, especially since the evidence they could use for their defense could also have been compromised, degraded, or even lost.

The statute of limitations, therefore, serves the interest of justice by providing strict timelines within which criminal charges must be filed in court.

If, for any reason, the prosecution fails to charge a suspect to court within the set time limit, any charge brought after that time becomes invalid. Any trial or conviction obtained in such circumstances is also invalid.

The expiration of the statutory time limit can thus serve as a complete misdemeanor or felony criminal defense in applicable cases. So, as soon as you’re aware of the criminal charge against you, you might want to consult an attorney to assess your case and determine whether the statutory limitation period for the specific offense you’ve been charged with has passed.

Criminal Statutes of Limitations in Georgia

The time within which a criminal case must be prosecuted according to Georgia criminal law depends on the nature of the offense as follows:

Misdemeanors

A misdemeanor in Georgia is any offense other than a felony. It is punishable by imprisonment for a term that is less than 12 months.

Many misdemeanor offenses are fluid and could easily transform into more serious offenses. For example, a simple assault is categorized as a misdemeanor. But if the assault is against a pregnant woman, it becomes a high and aggravated misdemeanor.

When Does Time Start to Run for Criminal Cases in Georgia?

Generally, the limitation period for criminal prosecution in Georgia starts to count from the day the offense was committed. However, this rule does not apply in certain circumstances, including the following:

• If the victim of the crime is older than 65 years, the time starts to count only when the violation is reported or discovered by a law enforcement officer or agency.

• If the crime occurred between July 1, 1992, and July 1, 2012, against a minor under 16years old, and involved offenses such as rape, child molestation, or incest, the time would only start to run once the victim turns 16 or the crime is reported to a law enforcement agency.

• If the offense involves theft or conversion of public property by a government officer, the time doesn’t start to count until the person leaves the employment.

• If the suspect is not resident in the state of Georgia or is unknown, time doesn’t start to count until they are identified or begin to reside within the state.

• If the crime involves theft or conversion of their ward’s property by a trustee or guardian, the time doesn’t start to count while the accused holds such a position.

Can the Statutory Limitation Period Be Extended?

The time limit for prosecuting criminal cases under the Georgia criminal statute of limitations is mandatory, and non-compliance could make the entire criminal trial null and void. However, the law allows for an exception where an accused person is indicted for an offense within the statutory time limit, and the court rejects the indictment, or a nolle prosequi is entered by the prosecution.

If the limitation period expires after the initial indictment, the time is extended by six months from when the indictment was quashed, or the nolle prosequi was entered. The prosecution can then file another valid charge and commence a trial within six months.