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After being charged for theft, how long can a case be held or is there a statute of limitations for them to take it to court?

Fairburn, GA |

I worked for someone who turned into a lover. His wife found out and he told her I was stealing from his company. They took it to civil court because the police would not issue a warrant due to not believing him. In civil court the judge ordered me to jail believing that it was theft, although there was no clear proof. I bonded out the next day, but have never heard anything since. It has been almost 3 years, is there a statute of limitations or something to have this issue dismissed?

Attorney Answers 1


The answer to your question depends upon the value of the item stolen and your position in the company. If it was a misdemeanor value, they only had two years to initiate prosecution by filing an accusation in court. If it is a felony value, they have four years to file an accusation or indictment. The felony value has recently changed. When you were arrested, the case was a felony if the value of the property taken was more than $500. Now, the felony value has been increased to $1500.

You can also be charged with felony theft if you owed fiduciary duties to the company. This sometimes happens to bookkeepers and accountants, according to the level of trust and control that they have been granted over the money. This is a question of fact based upon all the circumstances. Therefore, in order to give you a more definite answer, you need to hire a lawyer. Ultimately, if you are not prosecuted, you will want a lawyer to help you get the arrest expunged from your record. If you are prosecuted, a lawyer will be able to effectively present your defense.

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Thank you for the information. It was considered a felony because of my position in the company. Since there was an arrest, then they would have to take me to court within 4 years from the date of the arrest?

Allen Rust Knox

Allen Rust Knox


Since there was an arrest, they would have to file an accusation or indictment within 4 years of the date of the offense, unless the statute of limitations was tolled for some reason. If you want to determine when the statute will run for certain, you need to hire an attorney. There may be tolling issues. That is too complex for this forum. YOu are going to need the help of an attorney as well to get your record expunged.

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