Statute of limitations

UPDATED: Sep 30, 2022

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Statute of limitations

How does the statue of limitations work in Georgia for criminal offenses? Meaning
is it 15 years from the time of the offense not matter what the offense was or
does each offense have its own time limit? If so, where can I go to access the
offenses and their time limits? Also since the statutes can change from year to
year, is the statute at the time of the offense used or is the statute at the
time of prosecution used?

Asked on July 25, 2017 under Criminal Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The statute of limitations is from the date of the offense.  Each offense has a separate statute of limitations. If the statute is changed, it is not retroactive because then it would be an ex post facto law which is unconstitutional.  An ex post facto law is one that has a retroactive or retrospective effect. The statute of limitations at the time of the offense is determinative.
You can find the offenses and their statute of limitations in the Penal Code at the law library.

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