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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20400
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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How long can I wait to file charges against someone for felony

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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.

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 4 years 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.
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 4 years ago.
Where does jurisdiction lie for each?
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.
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