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  1. #1
    Join Date
    Jun 2009
    Posts
    2

    Exclamation Child Porn Statute of Limitations

    My question involves criminal law for the state of: GA

    Okay, short and sweet with just the facts:

    A scumbag is busted with Child Porn on his computer. A Search and Seizure is performed, and he is charged with Misdemeanor Possesion of Child Pornography.


    What is the Max amount of time the police can take to charge him before they do not have a case against him under the Staute of Limitations, if it even runs for this offense, providing the scuzzbucket doesn't break the law while on bond in the meantime? Is there anything that can be done to speed the process of Prosecution up any?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,644

    Default Re: Child Porn Statute of Limitations

    You just said "he is charged with" the crime - that means he's charged and the statute of limitations is no longer running. The statute of limitations doesn't run when you're out on bond, although he may be able to make a speedy trial demand.

    If he weren't charged, the statute of limitations for most Georgia misdemeanors is two years.

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Child Porn Statute of Limitations

    I rephrase my earlier question, then. He already had the part when the judge told him what he had been accused of, and how he pled (Not Guilty, of course) and so from what the looks of it is....the State seems to be gathering evidence to build their case against him, & this will have started 2 years ago in Oct. 09'. What will most likely happen if no action is taken by that time? (i.e. Backlog of cases keeps case from going to trial, Too many cases to handle to grant a "Fast and Speedy Trial", etc.?) If he hasn't gone to trial by Oct., can this ratbag petition to get off the hook and have his charges dropped?

  4. #4
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Child Porn Statute of Limitations

    If someone has had child porn discovered on their computer it is not a ratbag petition it is a ratbag crime. If you or a friend had damn kiddie porn on a computer that's pretty fscking sick and the DA has likely been waiting for you or your "friend" to slip up again. You have 2 years to be charged in Georgia. Generally court cases drag out for a year or so. It's likely that you will find the case will commence here shortly.

    I certainly hope that you have an attorney!! Has he/she ever petitioned the court for a continuance? Please consult with your attorney regarding this case as they may have filed a continuance to give you a little extra time to be a free man. If they have petitioned for a continuance the speedy trial thoughts are like dust in the wind.

    Good luck with your case and enjoy the sex offender registry. It's really no fun at all!

  5. #5
    Join Date
    Jun 2009
    Posts
    14

    Default Re: Child Porn Statute of Limitations

    The hate and self righteousness here is thick, whatever happened to innocent until proven guilty?

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