Legal Question in Criminal Law in Georgia

In 2007 I was accused of sexual battery by an adult girl. The investigator on the case wanted me to come "talk" to him. I asked if I was under arrest, he said no. So I didn't speak to him. Now, in 2011, the came out to my house and arrested me, with a warrant. The obtained a search warrant for my DNA and swabbed my cheeks. What I am not understanding, is why this is taking so long to now come to a head. I have gotten tickets and other dealings with the police since 2007 and this warrant was never brought up, which makes me wonder when the warrant was issued, if it was issued any time in 2007 or 2008, why was I not picked up then? Do I have any "defense" in the statute of limitations or speedy trial type avenues? I have not been "in hiding" and have lived in the state continuously as well.


Asked on 5/27/11, 6:04 am

2 Answers from Attorneys
Lawrence Lewis Lawrence Lewis, P.C.

True, you were not in hiding, but you were also NOT trying to "talk" to the investigator. So, it took the amount of time it needed to take without your cooperation. I suspect that you are not charged with sexual battery, but aggravated sexual battery, because they took your DNA. The statute of limitation on aggravated sexual battery is seven years. So, that is NOT an issue. As to speedy trial demands, you arenot entitled to a speedy trial demand until you are arrested. You just got arrested, so that is NOT an issue either. I'm curious are you really complaining about how long things took, when you did NOT cooperate. Not that you have to cooperate. But are you rellay complaining. See my website on other questions related to sexual offenses: www.lawrencelewispc.com

Lawrence

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Answered on 5/27/11, 7:14 am
Marcia Shein Federal Criminal Law Center

If you are charged with just sexual battery, there may be statute of limitations issues, as the statute of limitations is four years if a felony. If you are charged with aggravated battery based on the DNA, then there is no statute of limitations. See our website for more information on sexual offenses or give us a call to discuss representation. www.federalcriminallawcenter.com

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Answered on 5/27/11, 8:44 am


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