Georgia Statue of Limitations Misdimeanor Drug Charge

[ballen1]

What is the name of your state? Georgia
My son was in a vehicle that was pulled over (not his car), one of the kids had a small amount of marijuana and the person that it belonged to did not own up to it so they were all arrested this was in May of 2012. He is still waiting on his court date and has to put things off because of the charges. He plead not guilty and is still waiting for his trial date. He had a court appointed attorney and about 3 months ago the county notified him that the lawyer had retired and that he needed to resubmit his application for a court appointed attorney, they lost the paper work. He wants to join the military and cannot do anything until this case is cleared up. My question is what is the statue of limitations in regards to his right to a speedy trial? He just wants to get on with his life and essentially his life is on hold until this goes to court. Can he petition the court himself asking for a motion to dismiss the case due to a violation of his 6th ammedment right to a speedy trial, if so how does one go about doing this? From the best I can find the statue of limitations in Georgia is 2 years for a misdemeanor. Can anyone point me to the Georgia law to cite in a letter to the DA? Any advise is GREATLY appreciated.

 

[Ohiogal]

What is the name of your state? Georgia
My son was in a vehicle that was pulled over (not his car), one of the kids had a small amount of marijuana and the person that it belonged to did not own up to it so they were all arrested this was in May of 2012. He is still waiting on his court date and has to put things off because of the charges. He plead not guilty and is still waiting for his trial date. He had a court appointed attorney and about 3 months ago the county notified him that the lawyer had retired and that he needed to resubmit his application for a court appointed attorney, they lost the paper work. He wants to join the military and cannot do anything until this case is cleared up. My question is what is the statue of limitations in regards to his right to a speedy trial? He just wants to get on with his life and essentially his life is on hold until this goes to court. Can he petition the court himself asking for a motion to dismiss the case due to a violation of his 6th ammedment right to a speedy trial, if so how does one go about doing this? From the best I can find the statue of limitations in Georgia is 2 years for a misdemeanor. Can anyone point me to the Georgia law to cite in a letter to the DA? Any advise is GREATLY appreciated.

When was he charged? Did he request any continuances? Did he request discovery? How long did it take for him to get discovery? SOL doesn't matter because he is already CHARGED. The SOL only applies to how long he has to be charged. AND YOU cannot do anything.

 

[ballen1]

When was he charged? Did he request any continuances? Did he request discovery? How long did it take for him to get discovery? SOL doesn't matter because he is already CHARGED. The SOL only applies to how long he has to be charged. AND YOU cannot do anything.

He was charged- is that what day was he arrested? If so June 2012, his first court date was August 2012 when he plead not guilty and then he got another court date about 6 month later for a calendar call. That was the last time he was there.

Did he request a discovery- not sure what that is all he did in court was plead not guilty.

How long did it take for him to get a discovery- don't know what a discovery is.

After researching more online I learned that in Georgia that you have to file a demand for a speedy trial (Georgia's Demand for Speedy Trial which can be found at O.C.G.A. § 17-7-170). Not sure now if that is the route to go because if he does that how will it work with a court appointed attorney, he is still waiting on that due to them losing the paperwork.

Is there a way to petition the court to dismiss the case so that he can move forward with his plans to join the military. One of the other boys wrote a letter to someone, not sure if it was a senator or the governor but it was someone along those lines (not the court) and supposably his charges were dismissed.
Once again THANK YOU for taking time to answer my questions.

 

[Ohiogal]

He was charged- is that what day was he arrested? If so June 2012, his first court date was August 2012 when he plead not guilty and then he got another court date about 6 month later for a calendar call. That was the last time he was there.

Did he request a discovery- not sure what that is all he did in court was plead not guilty.

How long did it take for him to get a discovery- don't know what a discovery is.

After researching more online I learned that in Georgia that you have to file a demand for a speedy trial (Georgia's Demand for Speedy Trial which can be found at O.C.G.A. § 17-7-170). Not sure now if that is the route to go because if he does that how will it work with a court appointed attorney, he is still waiting on that due to them losing the paperwork.

Is there a way to petition the court to dismiss the case so that he can move forward with his plans to join the military. One of the other boys wrote a letter to someone, not sure if it was a senator or the governor but it was someone along those lines (not the court) and supposably his charges were dismissed.
Once again THANK YOU for taking time to answer my questions.

He needs to get an attorney and demand a speedy trial. HE needs to do this. You can't. And what do you mean how will it work with a court appointed attorney? As soon as someone gets appointed, he is to ask that attorney to file the demand. The problem is you don't know what has gone on and that makes it difficult to tell you anything.

 

[ballen1]

He needs to get an attorney and demand a speedy trial. HE needs to do this. You can't. And what do you mean how will it work with a court appointed attorney? As soon as someone gets appointed, he is to ask that attorney to file the demand. The problem is you don't know what has gone on and that makes it difficult to tell you anything.

Thank you...I told him to call the court to find out what's going on and when he can expect to be assigned an attorney.