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What is the statue of limitation of a misdeameanor drug charge

Jesup, GA |

My brother in law went to jail in 2001. He went back to jail and served a couple months and got out in 2005. The police picked him up 10 days ago and expidited him to the same county where he already served his time. they have it down on a probabtion violation but the clerk of court of berrien county said it was suppose to be a bench warrent from 2006

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Attorney answers 2


Statute of limitations on a misdemeanor is two years however there is not a time limit to enforce a valid probation violation warrant.

The information is provided for general purposes only and should not be relied upon. You are advised to consult with an attorney of your choosing, who can advise you on the particular facts and options in your case. No attorney-client relationship is intended or formed absent you executing a signed fee agreement. P. Darrell Kimbrell is licensed to practice law in the State of Georgia. Information provided is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice nor does such response create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.


The answer to your question is two years, however based upon the additional information you provided the statute of limitations may not be the problem. If he missed a court date a bench warrant would be issued and that does not have a statute of limitations. If a probation warrant was issued that may have an expiration date when it will expire, it depends. I would suggest your brother speak to an attorney who practices in Berrien County.