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?

Asked almost 2 years ago - 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)

  1. Allen Rust Knox

    Contributor Level 16


    Lawyers agree


    Answered . 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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