In the State of Florida, there are statutes of limitations for most criminal cases. These statutes impose strict time constraints on prosecutors to file charges against suspects. Statutes of limitations apply to many crimes and are dictated by the severity of each charge.
If you are involved in a criminal case, you should understand the meaning of the statute of limitations. Being knowledgeable and prepared about this component of the legal system is necessary to understand what actions can be taken that can shape the future, if at all. The Florida statute of limitations can significantly affect anyone involved in a crime in the state.
While the statute of limitations for civil cases exists to protect against civil lawsuits, the statute of limitations for criminal cases contains rules that affect both the prosecution and the defense in criminal law.
The purpose of the statute of limitations in Florida criminal law is multi-pronged. The time limits are set in place to balance the prosecution and defense’s interests, allowing for the preservation of evidence while ensuring the defendant’s right to a timely prosecution. The limits also protect defendants from stale charges from certain criminal acts committed years ago. This helps to promote efficiency in the ever-complex criminal justice system while simultaneously safeguarding the rights of all concerned parties involved in criminal charges.
One of the most common questions in this area of the law is, “How long is the statute of limitations?”
The statute of limitations in Florida will vary depending on the nature and severity of the offense. Generally speaking, prosecutors have one year at a minimum and four years at a maximum to charge a crime after the offense occurs. The length of time is delineated by the degree and whether it is a misdemeanor or a felony.
Understanding the statute of limitations for misdemeanors and felonies is essential when navigating the legal system; here are some key time frames that dictate how long legal action can be pursued for different types of offenses.
Second-degree misdemeanor – 1 year.
Examples include:
First degree-misdemeanor – 2 years.
Examples include:
Third-degree felony and second-degree felony – 3 years.
Examples include:
First-degree felony – 4 years.
Examples include:
These are merely examples of crimes fitting this statute; this list is not exhaustive. For example, there are certain special rules surrounding exploitation or abuse of the elderly, theft offenses, video voyeurism, crimes defined by the age of the victim (e.g., sexual abuse), and more.
The Florida statute of limitations for criminal cases covers various charges. However, crimes of the most serious nature are not included.
These types of crimes can be charged by prosecutors at any time, regardless of the length of time from which they occurred. This includes capital felonies and cases involving serious sexual offenses.
The crimes that have no statute of limitations are severe offenses.
Examples include:
Examples include:
In addition, several sexual battery crimes have no statute of limitations. Examples include:
Other sexual battery crimes have no statute of limitations if reporting conditions are met, including:
Again, these are merely examples of offenses that do not have a statute of limitations but are not comprehensive. If you have questions, consult legal counsel.
The statute of limitations for criminal cases dictates the ability of prosecutors to bring charges.
First and foremost, prosecutors must meet the legal deadline listed under Florida statute to file charges. This deadline will depend on the specific crime and its statute of limitations timeline.
However, the defense also has a responsibility regarding the statute of limitations in Florida. The defense must claim that the statute of limitations would bar a conviction for a charged offense, and this needs to be raised in the trial court to preserve the ability for a direct appeal.
Then, the prosecutor bears the burden to show that (1) the prosecution commenced promptly, and (2) the State of Florida conducted a diligent search to locate the defendant and to conduct the service of process upon the defendant.
The case could be dismissed if the prosecution fails to prove those conditions. Know that a strong defense can play a key role in the outcome of the case. If the statute of limitations has expired in a criminal case, there are viable legal options that can also lead to a dismissal.
If the criminal case against a defendant was not commenced within the statute of limitations associated with the offense, a motion can be filed to dismiss it.
As mentioned above, this must be conducted in the trial court. Then, if the judge in the trial court improperly denies the motion to dismiss, the criminal defense attorney can file a petition to a higher court, called a “petition for a writ of prohibition.”
If the higher court grants this writ of prohibition, it will prevent the prosecutor from the State Attorney’s Office from continuing to prosecute the criminal case.
Criminal charges need to be filed within Florida's appropriate statute of limitations. However, other factors can affect how long a criminal case can stay open.
One of the major factors is pending investigations into the case. These can be complicated by issues around gathering evidence and witness testimony, working with local law enforcement, documentation, strategy development, and more. This could potentially take years.
Another factor is the ability to locate the defendant. For example, the “clock” on the statute of limitations will be stopped if the person accused of committing the crime (1) has no identifiable home in Florida, (2) has no identifiable workplace in Florida, or (3) is consistently absent from the State of Florida.
Understand that the “clock” on the statute of limitations starts to run the day after the offense is committed.
There is an exception to the “stopping the clock” factor. The longest this can occur is three years after the assigned duration under the statute of limitations for the particular offense.
If the Florida statute of limitations for criminal cases could affect you or your business, it is critically important to seek counsel.
Under the law, the state has strict rules regarding how cases are handled in the court system. It is not advised to handle them alone. Legal processes must be conducted according to the court's terms, and deadlines must be adhered to within the legal system of Florida.
The Denson Firm has experienced attorneys who provide skilled, aggressive legal representation. With more than 20+ years of experience handling criminal cases in St. Petersburg and Pinellas County, we are trusted professionals with proven results. Contact us today to schedule a free, confidential consultation.
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