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  1. #1
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    Dec 2010
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    Question Statute of Limitation for a Felony Drug Charge

    My question involves criminal law for the state of: Georgia

    Arrested and charged with felony drug manufacturing in 6/04 and 1st degree forgery in 7/04. Released on bond and still have never been indicted after 6+ years. 2 case numbers came up during an employment background check conducted 11/2010 which shows both cases as "open & pending".

    I never pressed the issue, nor did my attorney, because they seemed to have "gotten lost" but now I need to have these cases closed or thrown out. Isn't there a statute of limitations for how long the state / DA's office has to act on these charges? What would I need to do or who would I contact (besides a lawyer) to initiate an action on these?

    Thanks

  2. #2
    Join Date
    Jul 2010
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    Default Re: Statute of Limitation for a Felony Drug Charge

    You wouldn't be charged in Fulton County would you? They are having cases tossed because of similar issues. You would be best served by hiring a lawyer to have the charges dismissed no matter where you are.

  3. #3
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    Sep 2010
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    Default Re: Statute of Limitation for a Felony Drug Charge

    Statute of limitations only applies from the time the crime is committed to the time charges are brought which appears to have already happen. Georgia has a speedy trial law, but charges don't just go away with time, you have to explicitly assert your right. Once you do that, they have essentially six months (the law says two court terms, and court terms are quarterly things).

    As freeman says, a lawyer would be a good idea.

  4. #4
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    Dec 2010
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    The Law Office of Garry L. Potts 13575 58th Street North, Suite 126, Clearwater, Florida 33760 Telep
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    Default Re: Statute of Limitation for a Felony Drug Charge

    It sounds as if you were arrested but formal charges were never brought by the prosecutor. This is likely both a Speedy Trial issue and a Statute of Limitations issue. You need an attorney's advice on the applicable time periods and to file the appropriate motions. It sounds to me like the prosecutors decided to drop it, but never filed anything. In Florida, if a person were actually arrested and then never charged during the Speedy Trial period, a filing of a Demand for Speedy Trial would close the matter. But you need to speak with a Georgia attorney about this.

  5. #5
    Join Date
    Dec 2010
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    3

    Default Re: Statute of Limitation for a Felony Drug Charge

    Thank you all for answering my post.

    No, it was not in Fulton county rather a small hamlet in which I grew up. I do have an attorney of record who was assigned my case back in 2004. I have stayed in contact with him through the years and his advice has always been to keep letting the time pass and not raise awareness or bring attention to myself. I have been a model citizen and not living any where near the County or even in the state.

    I spoke to him today, finally, and he is not offering encouragement to push the issue. The problem is the charges / open cases are preventing me from a job I desperately want and need. So, it's either press the issue and try to clear it up or miss an employment opportunity that will never come around again. My lawyer told me he would make some phone calls and get back to me....so I guess all I can do is wait and see.

    Thanks again to everyone for answering and offering great comments for thought.

  6. #6
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    Jul 2010
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    Default Re: Statute of Limitation for a Felony Drug Charge

    At this point, drawing attention to yourself is not an issue. If your attorney has any sense at all, that is exactly what you want. You make noise, they try and bring it to court finally, then he files a motion for dismissal on Speedy Trial grounds. Heck, filing the dismissal can be the noise that gets their attention. Is he by chance a public defender? Many of the cases in Fulton languished because the PDs didn't want to rock the boat. It sometimes required the accused to retain private counsel to get things taken care of.

  7. #7
    Join Date
    Dec 2010
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    Default Re: Statute of Limitation for a Felony Drug Charge

    Funny you should say that...I've spent this afternoon browsing for a "hired" lawyer to possibly take my case to. I've decided if I don't hear something positive by early tomorrow then I'm going to call a couple I've circled and see what kind of response I can get. I will definately bring up the speed trial filing with them all.

    Thanks again!

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