Atlanta, GA asked in Banking, Federal Crimes, Identity Theft and Public Benefits for Georgia

Q: This is about a ' Identity Theft ' case.. Ahem.. during the Pandemic, a person's identity was falsely used to acquire ..

Banking institution cards ( credit , debit ) and committed felony theft by way of using stolen identity to steal pandemic unemployment benefits. Suspect arrested , bonded out, yet still haven't had a court date. Has been about 2- 3 years .. is there a time frame for getting this to court?

1 Lawyer Answer
James L. Arrasmith
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  • Business Law Lawyer
  • Sacramento, CA

A: Given the nature of this question, I'll provide some general information about the legal process for identity theft cases in Georgia, while noting that specific timelines can vary:

1. Statute of limitations: In Georgia, the statute of limitations for most felonies, including identity theft, is typically 4 years. However, for some financial crimes, it can be extended to 5 years or more from the date of discovery.

2. Court backlog: The COVID-19 pandemic caused significant delays in court proceedings across the country, including in Georgia. Many courts are still working through backlogs, which can extend the time between arrest and trial.

3. Case complexity: Identity theft cases, especially those involving multiple financial institutions and pandemic benefits, can be complex. Investigators and prosecutors may need extra time to gather evidence and build a case.

4. Pre-trial procedures: Various pre-trial procedures, such as discovery, motion hearings, and plea negotiations, can extend the time before a case goes to trial.

5. Defendant's rights: The U.S. Constitution guarantees the right to a speedy trial, but "speedy" is subject to interpretation and can vary based on the circumstances.

While 2-3 years may seem long, it's not uncommon for complex cases to take this long, especially given pandemic-related delays. However, if you're concerned about the delay, you could:

1. Contact the prosecuting attorney's office for an update on the case status.

2. Consult with a local criminal defense attorney for insight into typical timelines in your jurisdiction.

3. Check with the court clerk's office to see if any hearings or trial dates have been scheduled.

Remember, each case is unique, and various factors can influence the timeline. If you're directly involved in this case, it's advisable to consult with a local attorney who can provide more specific guidance based on the details of your situation.

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