If I was charged with a misdemeanor over 3 years ago and the case is still pending, should it be dismissed under the statute of limitations?
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If I was charged with a misdemeanor over 3 years ago and the case is still pending, should it be dismissed under the statute of limitations?
I have not been charged with another offense since.
Asked on June 5, 2014 under Criminal Law, Georgia
Answers:
Richard Southard / Law Office of Richard Southard
Answered 9 years ago | Contributor
The Statute of Limitations refers to the time in which the case can BEGIN. For misdemeanors, it is two years from the time of the alleged incident. Once prosecution has begun, as it has in your case, then CPL 30.30 and speedy trial rules apply. The statute says the DA must bring your case to trial in 90 days. However, I caution you that not every day is counted in the speedy trial calculation. There are many many many reasons for excluding adjournments from the calculation. You should review the history of your case with your attorney or a qualified criminal defense attorney.
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