View Full Version : Criminal law
seek33
May 7, 2007, 06:51 AM
What is the statue of limitation on Terroristics threats in the State of Georgia?
ScottGem
May 7, 2007, 06:52 AM
In what way? I doubt if terrorism threats is addressed separately.
seek33
May 7, 2007, 06:55 AM
Is terroristic threats case in state of Georgia eligible for expungement if no conviction has been reached over 6 years?
ScottGem
May 7, 2007, 06:56 AM
Please don't keep starting new threads. You really need to explain the circumstances here.
RickJ
May 7, 2007, 07:00 AM
<moderator note: merged threads>
Fr_Chuck
May 7, 2007, 07:04 AM
Normally terrorist threats in GA would be prosecuted at the Federal level not the state level, depending on what you issued threats on.
And to answer the one question, no, you can not get something explunged if there is no conviction, explunged is merely taking away the conviction.
Next no once you are formally charged, ( charges issues by the DA or grandjury) the statue of limitation ends. If they have not taken you to court in 6 years, most likely they will not, but what you need to do is have your attorney file a motion for a speedy trial, to force them to either take you to trial or drop the charges.
seek33
May 7, 2007, 07:26 AM
The threat was made to a female on her voicemail she then took it to the police department and a warrant was issued I turn myself in to the authorities I got a signature bond the same day was released, went preliminary hearing bound over to superior court that was 6 years ago. Now my question is this have this case reached it's statue of limitation. I have not been any trouble since the incident or before the incident. This is in the state of Georgia.
excon
May 7, 2007, 07:51 AM
Hello seek:
The statute of limitations runs from the time a crime is discovered until the time someone is charged. You were charged, so the statute doesn't apply.
Either something happened to your case that you were not advised of, or you're not telling us about, or they're still waiting for you to make your appearance in superior court. Did you NOT have a date to appear?? I think you did.
So, if you just didn't show up for court, then there's a warrant out for your arrest. They REALLY want you to show up for court.
If you want to know if there's a warrant, hire a lawyer. Or, if you feel lucky, just waltz right in to your local police station and ask.
excon
Fr_Chuck
May 7, 2007, 08:46 AM
Yes, I thought I said that, but once you are arrested, the time frame for statue of limitation if froze, so it will never run out, statue of limitation only runs out if you are not charged ( warrant issues)
And yes after 6 years something has happened, most likely on a case like this, the DA droped the case, but they could have assigned a court date that you did not show up for, or the paperwork got lost among 1000 other files. In either of these you need an attorney, most likely if the case is stlll open after this time your attorney can get it dismissed, if you missed a court date, an attorney can arrange bond and have you released as soon as you show back up. And if the paper work is lost, again he can work to get it dismissed.
I have seen in Fulton County anyway, the judge dismiss a lot of cases after a number of months so you need an attorney to check on it.
** or as excon said, "do you feel lucky" go into the court house and check yourself