Orlando criminal defense attorney and television news commentator Jose Rivas appeared on Fox 35 News to provide perspective on the reasons why former Congressman Matt Gaetz is unlikely to face criminal charges in Florida, despite serious allegations of sex-trafficking and statutory rape as outlined in a recent House Ethics Committee report. The veteran legal analyst broke down the key legal factors preventing prosecution, including statute of limitations and burden of proof requirements that protect defendants in the criminal justice system.
Orlando Legal Analyst Says Matt Gaetz Will Not Face Criminal Charges in Florida
According to Rivas, the Orange County and Seminole County Sheriff’s Offices have confirmed that criminal charges against Matt Gaetz are unlikely due to expired statutes of limitations and lack of victim testimony. “When we talk about a statute of limitation, we’re talking about the specific amount of time the state or government has to initiate formal charges,” Rivas explained during the detailed interview.
The Orlando legal expert outlined the varying timeframes for different categories of offenses, emphasizing how these limitations impact potential prosecution. In general, for first-degree misdemeanors like prostitution, authorities have only two years to file criminal charges. Third-degree felonies carry a three-year statute of limitations, while second-degree felonies such as statutory rape allow three years for prosecution. First-degree felonies involving death have no time limit.
Beyond Reasonable Doubt vs. Substantial Evidence
Rivas emphasized the crucial distinction between the Ethics Committee’s findings and criminal prosecution standards. “When you read this report, you hear ‘substantial evidence’ numerous times, but that’s not the standard required to prosecute someone,” Rivas said. “It has to be Beyond A Reasonable Doubt, which is a significantly higher threshold than substantial evidence.”
The criminal defense attorney noted that federal prosecutors maintain an impressive 97-98% conviction rate precisely because they only pursue cases they’re confident they can prove beyond reasonable doubt. “They don’t want to take a case they cannot prove – it would be a waste of resources,” Rivas said. “This has been a long investigation, and Beyond a Reasonable Doubt – that’s the system we have. It’s not perfect, but it works very well.”
Civil Action Remains Possible Despite Criminal Limitations
While Matt Gaetz may avoid criminal charges, Rivas highlighted that civil action remains a possibility to protect against wrongful convictions. Drawing parallels to the high-profile O.J. Simpson case from the 1990s, he explained: “Civil cases are just talking about money and damages, not the loss of freedom. The attorneys can still move forward with civil action, even if criminal prosecution isn’t possible under current statutes.”
Addressing public concern about the lack of criminal charges, Rivas offered a measured perspective: “Just because they can’t prove it, they can’t charge, does not mean that he’s innocent. Sometimes the state will drop a case because they don’t have the witnesses available or sufficient information. That doesn’t make someone innocent – it just means they have not been found guilty of a crime.”
The veteran legal analyst emphasized that the American justice system prioritizes provable evidence over absolute truth. “The truth does not matter – what matters is whether the state can prove it Beyond A Reasonable Doubt,” Rivas said. “Obviously, he’s got some great lawyers standing next to him who’ve been able to work within the system, but that doesn’t necessarily mean that outside the courtroom he’s innocent or that the alleged crimes did not occur.”
For experienced and aggressive criminal defense representation in Central Florida, call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo and many other news outlets.
