Covington, GA asked in Criminal Law for Georgia

Q: Is there a limit of time that this type of case has to be concluded within from the date of alleged crime or conviction?

"Is there a statue of limitations for 16-13-32.3?":

OCGA 17-3-1 outlines the statute of limitations for various crimes. OCGA 16-13-32.3 falls under the standard statute of limitations, which is 4 years. That means that the prosecution has four years to commence prosecution, that is to file an indictment or accusation. It does not mean that a case must be concluded within four years of the date of the alleged crime. Further, there are ways in which the statute of limitations can be tolled. If you are concerned that you may have a case that should be dismissed based on a statute of limitations argument, you should consult with an attorney about the particular facts of your case.

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1 Lawyer Answer
Holly G Chapman
Holly G Chapman
  • Criminal Law Lawyer
  • Augusta, GA
  • Licensed in Georgia

A: There is not a set period of time in which a criminal case has to be concluded. If too much time has passed, a defendant can move for a dismissal based on a violation of their right to a speedy trial as guaranteed by the Constitution. There is a four factor test that the courts use to determine whether or not such a motion should be granted. It is a nuanced argument. If you believe that you might have such a defense in your case, I would strongly encourage you to contact an attorney to analyse the particular facts of your case.

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