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AttySince1978, Lawyer
Category: Criminal Law
Satisfied Customers: 931
Experience:  Attorney since 1978, former Judge Pro Tem, former S.F. Police Officer
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What is the statue of limitations for check fraud in Georgia

Resolved Question:

What is the statue of limitations for check fraud in Georgia? How about credit card fraud? about 2-5 years ago my son took 4K then 5K from my checking account and another 3k of charges on my credit cards. He was just picked up again on some other charges and I am ready to "throw the book at him" [email protected] I don't have a lot of money so 10$ is all I can afford.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  AttySince1978 replied 8 years ago.
The Statute of Limitations normally starts when you realize that a wrong has been committed against you. The police normally use it once they write a police report and then get a warrant for a person's arrest.
The police could just refuse to take the report because too much time has passed and they may say that you must go after your son civilly. In other words, the police just outright refuse to take a criminal report because of the long delay by you in contacting them.
However, the Statute of Limitations for this type of crime is normally 5 years, after which you can lose your rights. With the amount of money involved, your son could be looking at a felony charge which is quite serious. A felony means that your son can be sentenced to a prison greater than 1 year. A misdemeanor means that the most serious sentence must be less than 1 year in jail. There is quite a difference between the two. The District Attorney normally makes the decision what type of crime a person will be charged with based upon the facts of the case and what he thinks he will be able to prove. Many cases are reduced from a felony down to a misdemeanor as part of a plea bargain.
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Thank you and good luck.
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