Snellville, GA asked in Criminal Law for Georgia

Q: How long does a misdemeanor stay active until it expires

I went to prison(2016) before I went to court for 2 misdemeanors after bonding out a year (2015)earlier and when released from prison 4 years later (2020)I was released to the jail and bonded back out (9/2020) and now have court again in February .I thought misdemeanors expired after 2 years?

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1 Lawyer Answer
Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The Statute of Limitations to bring charges of misdemeanors is two years; however, there are certain exceptions and limitations. Law enforcement has two years from the date of the alleged misdemeanor to bring formal charges. This means a criminal arrest warrant or an accusation filed with the court. If the warrants were executed prior to the two year statute of limitations, then the charges may still be active. Also, there can be a tolling of the statute of limitations if you were out of state and unable to be located. If you were in the department of corrections, an argument can be made that the court should have produced you to answer for the charges prior to your release and therefore should be dismissed based on prejudice to you for waiting so long to adjudicate the charges.

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