Statute of Limitations in Florida

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If you have committed a crime in Fort Lauderdale or South Florida, then the clock is ticking for the State of Florida.  The statute of limitations in a criminal case is a crucial legal concept that sets a time limit on when a prosecutor can bring criminal charges against a defendant. In the state of Florida, the statute of limitations varies depending on the severity of the crime.

The statute of limitations balances the need for justice with the rights of the accused. It ensures that criminal cases are resolved in a timely manner, preventing the indefinite threat of prosecution hanging over a defendant's head. In Florida, like in many other states, the statute of limitations varies depending on the severity of the crime.

The rationale behind having a statute of limitations in criminal cases is to ensure that evidence and witnesses are still available and reliable, and that defendants are not unfairly subjected to prosecution after a significant amount of time has passed. It also serves to promote judicial efficiency and finality in legal proceedings. By imposing time limits on when charges can be brought, the statute of limitations helps to prevent stale or unreliable evidence from being used in court and protects defendants from the undue burden of defending against long-past allegations.

The statute of limitations in a criminal case in Florida plays a critical role in the criminal justice system by balancing the interests of the state in prosecuting crimes with the rights of the accused. By setting time limits on when charges can be brought, the statute of limitations ensures that criminal cases are resolved in a timely manner, while also protecting defendants from the indefinite threat of prosecution. Understanding the statute of limitations for different types of crimes in Florida is essential for both prosecutors and DUI lawyers in navigating the legal system effectively.

At The Law Office of Sean Clayton, PA, our dedicated team of attorneys specializes in providing vigorous defense for DUI cases in Fort Lauderdale, Miami, and West Palm Beach. Our primary objective is to achieve the best possible outcomes for our clients, often resulting in complete dismissal of charges or reduction to the lesser offense of Reckless Driving.

Additionally, we offer invaluable guidance to our clients throughout the administrative proceedings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Our advice includes strategic approaches that may enhance their chances of a favorable resolution. Ultimately, our goal is to assist clients in minimizing the long-term consequences associated with a DUI charge.

Following a DUI arrest in Fort Lauderdale or anywhere in South Florida, you will encounter two distinct cases. First, there is the administrative case with the DHSMV, which focuses on the suspension of your driver’s license. The second is the criminal case which unfolds in the courts. Our experienced DUI lawyers handle both types of cases across South Florida and can provide expert guidance on the best course of action for your situation.

We strongly encourage anyone accused of DUI with property damage to consult with an attorney early in the process. For assistance in selecting the right DUI Lawyer, consider reviewing our Tips for Selecting a DUI Attorney. 

In Florida, the statute of limitations sets restrictions on how long a prosecutor has to file formal criminal charges against an individual. The specific crimes alleged determine the applicable statute of limitations in each case. Here are some key points:

1. No Time Limit (No Statute of Limitations):

• Capital Felonies: Crimes such as first-degree murder have no time limit for bringing charges.
• Felony Crimes Resulting in Death: There is no time limit for felonies that result in death.
• Sexual Battery on a Minor: Charges related to sexual battery against a victim under 18 years old (committed on or after July 1, 2020) have no time limit.
• Human Trafficking: Human trafficking charges have no time limit.

2. Other Felonies:

• First-Degree Felonies: Generally, cases for first-degree felonies must be started within 4 years.
• Exceptions:
• Destructive Device: For a felony involving the use of a destructive device resulting in injury to a person, the time limit is 10 years.
• Abuse or Neglect of Aged or Disabled Adults: Charges for first- or second-degree felony abuse or neglect of an aged or disabled adult must be started within 5 years.
• Securities Violations, Medicaid Provider Fraud, or Insurance Fraud: The time limit is 5 years.
• Second-Degree Felonies: Cases for second-degree felonies must be started within 3 years.

3. Misdemeanors:

• Frist Degree Misdemeanors: Cases have a statute of limitations of 2 years.
• Second Degree Misdemeanors: Prosecution must commence within 1 year.

Remember that these time limits can vary based on the specific circumstances of each case. If you have any legal concerns, consult with a Criminal Defense Lawyer or DUI Lawyer to understand the applicable statutes of limitations for your situation.

In Florida, the prosecution is considered "commenced" under the law after an arrest when an indictment, information, or other charging documents are filed for a criminal charge on which the defendant has been previously arrested or served with a summons. For charges on which the defendant has not been previously arrested or served with a summons, the prosecution is commenced when an indictment or information is filed, and the capias, summons, or other process is executed without unreasonable delay.

The determination of what constitutes a reasonable delay takes into account factors such as the inability to locate the defendant after a diligent search or the defendant's absence from the state. However, the failure to execute process or extradite a defendant from another state does not automatically indicate an unreasonable delay.

If the defendant is not arrested within the statute of limitations period after the alleged offense, the burden falls on the prosecutor from the State Attorney's Office to demonstrate either a reasonable delay due to diligent search efforts, or tolling of the statute of limitations because the defendant was continuously absent from Florida. A skilled DUI lawyer will hold the state of Florida to it's burden of proving that any delay in service of a warrant was reasonable. 

During a hearing on a motion to dismiss based on the statute of limitations, the trial court must assess whether the evidence supports the State's claim of conducting a diligent search for the defendant and whether the delay in executing the arrest warrant was reasonable. The State Attorney's Office prosecutor must also prove that the defendant was continuously absent from the state to justify tolling the statute of limitations.