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My ex husband is trying to say that I did not give funds to…

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My ex husband is trying...

My ex husband is trying to say that I did not give funds to my neices and nephew while he and I were still married from a charitable event I organized in 2006. What is the statute of limitations and what dollar amount is considered a felony? Also, what would the charge be?

Submitted: 7 years ago.Category: Criminal Law

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3/28/2012

Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 7 years ago

Law Pro, Criminal Defense Lawyer

Category: Criminal Law

Satisfied Customers: 24,870

Experience: 20 years trial experience in defense of criminal cases

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What is he alleging - that you stole the money and were fraudulent?

Customer reply replied 7 years ago

He alleges that I paid credit card debt instead of giving the money to the kids. Of course, we were married at the time we had the fundraiser.

In all actuality, I could have legally paid myself if I had wanted to. Of course, he doesn't realize that. In any event, I don't need this drama and just want to know what the statute of limitations is, if it is considered a felony and what the chances of any formal investigation would be. He also has threatened to sue me, personally, as well as press criminal charges. He is actually telling my neices and nephew he is going to send them money (I guess to establish he is a victim).

Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 7 years ago

Given the statute of limitations - they have long passed for any alleged crime.

"Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule:

The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)

Civil actions:

Description	Statute
Assault and Battery, 2 years	Ga. Code Ann. § 9-3-33
Contract (in writing), 6 years	Ga. Code Ann. § 9-3-24
Contract (oral or not in writing), 4 years	Ga. Code Ann. § 9-3-26
False Imprisonment, 1 year	Ga. Code Ann. § 9-3-33
Fraud, 1 year	Ga. Code Ann. § 9-3-33
Enforcing Court Judgments, 7 years	Ga. Code Ann. § 19-12-60
Legal Malpractice, 4 years	Ga. Code Ann. § 9-3-26
Libel, 1 year	Ga. Code Ann. § 9-3-33
Medical Malpractice, 2 years	Ga. Code Ann. § 9-3-71
Personal Injury, 2 years	Ga. Code Ann. § 9-3-33
Product Liability, 2 years	Ga. Code Ann. § 9-3-33
Property Damage, 4 years	Ga. Code Ann. § 9-3-31
Slander, 1 year	Ga. Code Ann. § 9-3-33
Trespass, 4 years	Ga. Code Ann. § 9-3-30
Wrongful Death, 2 years	Ga. Code Ann. § 9-3-33

Criminal actions:

Description	Statute
Arson, 4 years	Ga. Code Ann. § 17-3-1(c)
Assault and Battery, 2 or 4 years (Depending on the facts of the case)	Ga. Code Ann. § 17-3-1(c) or (d)
Burglary, 4 years	Ga. Code Ann. § 17-3-1(c)
Disorderly Conduct, 2 years	Ga. Code Ann. § 17-3-1(d)
Kidnapping, No time limit or 4 years (Depending on the facts of the case)	Ga. Code Ann. § 17-3-1(a) or (c) or (c.1)
Manslaughter, voluntary, 4 years	Ga. Code Ann. § 17-3-1(c)
Manslaughter, involuntary, 4 years	Ga. Code Ann. § 17-3-1(c)
Murder, No time limit	Ga. Code Ann. § 17-3-1(a)
Rape, 15 years	Ga. Code Ann. § 17-3-1(b)
Receiving Stolen Property, 2 or 4 years (Depending on the facts of the case)	Ga. Code Ann. § 17-3-1(c) or (d)
Robbery, 4 years	Ga. Code Ann. § 17-3-1(c)
Theft, 2 or 4 years (Depending on the facts of the case)	Ga. Code Ann. § 17-3-1(c) or (d)

Customer reply replied 7 years ago

Well what would the alleged "crime" be? I was told by a police officer if it was over a certain dollar amount if is an alleged felony and the statute of limitations is 7 years. What is that dollar amount, what is the alleged crime, and if it is a felony, is is 7 years?

Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 7 years ago

What is the alleged amount you took?

Customer reply replied 7 years ago

I did not take it, but he is saying either $1,000 or $1,500

Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 7 years ago

The police officer is wrong.

The statute of limitations for a felony in Georgia (other than murder or a crime punishable by death or life imprisonment) is four years. O.C.G.A. § 17-3-1(c). The statute of limitations for a misdemeanor is two years. O.C.G.A. § 17-3-1(c)

If the victim of a felony was under 18 at the time of the offense, then the statute of limitations is seven years, rather than four. O.C.G.A. § 17-3-1(c). If the victim is 65 years old or older, the statute of limitations does not generally begin to run until the crime is reported to law enforcement. O.C.G.A. § 17-3-2.2

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Customer reply replied 7 years ago

But I still need to know what the alleged crime would be?

Also, the "victims" would have been children.

Also, whatever the crime is, is it a felony?

Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 7 years ago

Theft - the crime would be theft.

Theft of under $500 is a misdemeanor.

Theft over $500 is a felony.

OCGA § 16-8-12

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Customer reply replied 7 years ago

So the statute of limitations is 4 years? Even though they were children at the time?

Theft by deception? What? I thought is might be fraud or mishandling of funds...

Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 7 years ago

If they are the victims - yes it's 7 years.

However, you didn't steal money from them - it was potentially theft by deception as to the people you obtained the money from.

However, if the DA would pursue the matter as to the children being the victims and you stole from them - yes, it would be 7 years as to the statute of limitations.

It would be the facts of the circumstances and the charitable event along with your role therein.

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Customer reply replied 7 years ago

You said: "It would be the facts of the circumstances and the charitable event along with your role therein."

What facts?

As for my role, I organized the thing and sang at a little concert. I paid the bills for it as well. It was a very small event. It wasn't like I opened a non-profict organization or anything. My brother died, a neighbot (mother died), and I did a little fundraiser for them.

Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 7 years ago

The DA is not going to pursue a case like this - it's not worth their time and they have "bigger fish" to fry with their time.

Also, you can say you gave them cash - you don't remember. It would be up to the DA to prove you didn't

He alleges that I paid credit card debt instead of giving the money to the kids. Of course, we were married at the time we had the fundraiser.

You stated:

In all actuality, I could have legally paid myself if I had wanted to. Of course, he doesn't realize that. In any event, I don't need this drama and just want to know what the statute of limitations is, if it is considered a felony and what the chances of any formal investigation would be. He also has threatened to sue me, personally, as well as press criminal charges. He is actually telling my nieces and nephew he is going to send them money (I guess to establish he is a victim).

First, he can't sue you personally - he has no standing to do such.

Second, if theft of the monies - he's as guilty as you because you paid marital or joint debt with the monies and he didn't object then. He would be considered an "accomplice" or "conspirator" in the matter.

Third, it's been so long ago and there is no evidence of what you did or didn't do with the monies.

I would not worry about this because the DA is not going to pursue such - they will believe that it's just a disgruntled ex spouse misrepresenting or lying about the matter.

Good luck!!!

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Customer reply replied 7 years ago

But he states he has evidence of me "confessing" in September of 2010. what if I said something on tape that makes it sound like what he says is true???

Criminal Lawyer: Law Pro, Criminal Defense Lawyer replied 7 years ago

I have no idea what evidence he has or doesn't have.

If you voluntarily recorded a confession - I think you would remember. However, that could be used because you admitted to such.

However, laws regarding the legality of recording depend on if the state is a one party consent state or two party consent state.

One party to the conversation must have knowledge and give their consent to the recording of the conversation. In the most simple terms, this means that if you were having a conversation with another person and you "secretly" recorded that conversation, since "one party," (you) were aware that the recording was being done, no law was being violated. In the event the party you had the conversation with later changes what they told you, the tape could be used as rebuttal. This does not mean, nor does it imply that it is "legal" to tape conversations that you are not a party to and without question, that would be an invasion of privacy and a state and federal crime.

In two party states ALL parties to the conversation must have knowledge and give consent.

Georgia is a ONE PARTY state.

So I don't know what he had recorded, or when that was done nor how done.

Please know that the Terms of Service of JustAnswer specify that each customer ask ONE Question in each question thread. You have asked multiple questions. I would respectfully XXXXX XXXXX you open a new question thread if you have a new question to ask of me. You may ask for me personally by referring to me by name (Law Pro) in the question and I will be able to answer your continuing questions.

Good luck!!

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