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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27765
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can a district attorney have someone plead out on a case

Customer Question

Can a district attorney have someone plead out on a case that is open but the statute of limitations have already exceeded in Albany, GA
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Albany, GA
JA: Has anything been filed or reported?
Customer: this a burglary case from 2010. But this person is stating that he has never been arrested at all for burglary ever. I understand that the statute of Limitations is 5 years
JA: Anything else you want the lawyer to know before I connect you?
Customer: He has never been trailed for it. He received a supena stating to go to the sheriff off and when he arrived. But he stated he told the DA he never was arrested for burglary. How can this happen if the statue of limitations have exceeded
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Customer: replied 11 months ago.
Expert:  Zoey_ JD replied 11 months ago.

The statute of limitations runs from the time of the incident until the case is filed with the court. So the arrest can happen after the filing and the statute of limitations would not have to be an issue.

Also certain things suspend the statute of limitations. So if the defendant moves out of state or hides from the authorities, the statute does not run. And finally, if the identity of the person or the fact of the crime is unknown, the statute doesn't start to run until the authorities become aware of him/it. See this link for the exceptions.

This means it's perfectly possible to get arrested more than 5 years after the commission of a crime and not be able to get the case dismissed on the grounds that it is too old to be prosecuted.