Legal Question in Criminal Law in Georgia

Re: statue of limitation for nolle prosequi

A Nolle Prosequi is written instrument filed in a criminal case when the prosecutor elects not to prosecute for whatever reason he or she may elect. It differs from a dismissal, in that, for a period of six months from the time it is filed, the prosecutor may elect to proceed with the case, usually done when the defendant has been engaged in further criminal activities. If no action is taken within the six months, the nolle prosequi ripens, that is, by operation of law becomes the equivalent to a dismissal.

I hope this answers your question. There is no statute of limitations, per se, but there is the limit of six months within which the prosecutor can elect to proceed.

Jim Hough

770-607-5300