The Statute of Limitations in the state where the offense is alleged to have occurred will control. Understand that the SL is the time limit in which the state can initiate criminal charges. It is measured from the date of offense to the date a criminal prosecution was commenced. From your question I can not determine what that time span in this case is not can I determine what state's SL applies. You should direct you question to the applicable state if it isn't GA and provide the dates necessary to answer your question.
Your question contains its own answer. When the warrant was issued the statute was tolled.
Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting.
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The case in Georgia will probably not be dismissed on statute of limitations grounds. However, there may be other defenses available depending on the length of time the case has been pending. You should contact an attorney for more information.
The statute of limitations in Georgia is 4 years. That's four years from the date of the crime to the intitiation of a prosecution by indictment. However, if the defendant leaves the state, this may toll the statute of limitations. Normally what will occur when someone is incarcerated in another state is that they will place a hold on that person and serve the warrant on them when they are released from the other state's institution. If the statute of limitations becomes an issue, the prosecutors will generally indict him before the warrant is served. As long as an indictment is returned before the statute of limitations runs, he can remain incarcerated in the other state.
Statute of Limitations is no longer an issue. They've already begun the prosecution when they took out a warrant for his arrest. Before the 4-year mark is/was up, the DA's office probably sought an indictment and issued a bench warrant for his arrest.
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