How does GA code 17-3-2(2) apply to "tolling" the criminal statute of limitations?
What is the name of your state (only U.S. law)? Georgia
GA code 17-3-2(2) states that "The period within which a prosecution must be commenced ... does not include any period in which: (2) The person committing the crime is unknown or the crime is unknown;"
For the 1st part, "The person committing the crime is unknown", I found the General Assembly to have defined it as "...the General Assembly intended for the "person unknown" tolling exception to apply to a situation, where there is no identified suspect among the universe of all potential suspects." (Jenkins v. State, http://law.justia.com/cases/georgia/supreme-court/2004/s04a1260-1.html)
Does this mean that the SOL is indefinitely tolled until the state is actively investigating a case AND there is one or more identified suspect(s)? In other word, assume John Doe willfully hurt his friend during a fight in Atlanta (thus committing battery) but was later forgiven so no crime was reported to the state. Is the SOL here indefinitely tolled until an officer discovers their fight AND begins investigating John Doe?
For the 2nd part, "the crime is unknown", in State v. Lowman (1990, http://law.justia.com/cases/georgia/court-of-appeals/1990/a90a1625-0.html), "The statute of (limitation) does not begin to run in favor of the offender until his offense is known to the prosecutor, or to someone interested in the prosecution, or injured by the offense."
So "someone injured by the offense" would be referring to a victim of a crime here, right? Then for crimes that don't have a victim (drug offenses, prostitution, etc), would the SOL be tolled indefinitely until the state becomes aware of the crime?
Any comment is appreciated
What is the name of your state (only U.S. law)? Georgia
GA code 17-3-2(2) states that "The period within which a prosecution must be commenced ... does not include any period in which: (2) The person committing the crime is unknown or the crime is unknown;"
For the 1st part, "The person committing the crime is unknown", I found the General Assembly to have defined it as "...the General Assembly intended for the "person unknown" tolling exception to apply to a situation, where there is no identified suspect among the universe of all potential suspects." (Jenkins v. State, http://law.justia.com/cases/georgia/supreme-court/2004/s04a1260-1.html)
Does this mean that the SOL is indefinitely tolled until the state is actively investigating a case AND there is one or more identified suspect(s)? In other word, assume John Doe willfully hurt his friend during a fight in Atlanta (thus committing battery) but was later forgiven so no crime was reported to the state. Is the SOL here indefinitely tolled until an officer discovers their fight AND begins investigating John Doe?
For the 2nd part, "the crime is unknown", in State v. Lowman (1990, http://law.justia.com/cases/georgia/court-of-appeals/1990/a90a1625-0.html), "The statute of (limitation) does not begin to run in favor of the offender until his offense is known to the prosecutor, or to someone interested in the prosecution, or injured by the offense."
So "someone injured by the offense" would be referring to a victim of a crime here, right? Then for crimes that don't have a victim (drug offenses, prostitution, etc), would the SOL be tolled indefinitely until the state becomes aware of the crime?
Any comment is appreciated
