How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17164
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
19127644
Type Your Criminal Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

How long can I wait to file charges against someone for felony

Resolved Question:

How long can I wait to file charges against someone for felony theft/wire fraud? I'm trying to "encourage" the person to go into rehab and to further stay clean after getting out, and need to know when time runs on my ability to do so, so I'll know how long I can hold that over them as an incentive to stay clean. I'm in Georgia and they are in Florida, if it makes any difference.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question, however, I will need a bit more information from you in order to give you the statute of limitations. Where did the alleged crime take place? What, briefly, were the facts behind the theft/wire fraud? In particular what was the act and for how much money?
Customer: replied 1 year ago.
I'm in Georgia and the crook is in Florida. I was led to believe I was helping this person to pay off debts, get back to Georgia from Tampa and into a drug rehab program, here, and that I would be reimbursed immediately upon her return.
After sending approximately $2k, I was contacted by a mutual acquaintance in Tampa and informed that the crook also conned them in the same manner, did not use the money for the stated purpose, and had no intention of returning to Georgia, or paying me back, and that - surprise, surprise - she was actually spending the money each of us gave her on drugs instead of settling debts and travel back to Georgia.
The con took place over the telephone and internet, and I sent the money via western union and in the form of an airplane ticket purchased online.
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the information. There is really no guarantee that a State's Attorney would take this case, but if they did, it would likely be charged as grand theft which would carry with it a 3 year statute of limitations. If this were a case taken by the U.S. Attorney as a Federal crime because the fraud was carried out via the internet, then the statute of limitations would be 5 years.

All that said, it may be that the State and Federal authorities decline to take this as a criminal case. In that instance, you could file suit in a tort action for fraud in the inducement. In that case the statute of limitations is shorter, 2 years.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.
Where does jurisdiction lie for each?
Expert:  Marsha411JD replied 1 year ago.
Since the alleged criminal was in Florida, this would be Florida/Federal District in Florida jurisdiction. Either could decide to prosecute or decline the case. For State jurisdiction, it would be the State's Attorney's Office in the county where she is located. For Federal jurisdiction it would be the U.S. Attorney's Office for the area in Florida where she lives, Northern, Middle or Southern District U.S. Attorney.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17164
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 5 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.