The statute of limitations in Florida creates strict time limits for prosecutors to file criminal charges. Understanding these deadlines is crucial for both defendants and victims, as they directly impact when the state can pursue criminal prosecution. If you’re facing potential criminal charges or believe you’re a victim of a crime, consulting an experienced criminal defense attorney is essential to understand how these time limits affect your case. Because the laws on the statute of limitations in Florida can be complicated, talking to a criminal defense lawyer is likely the best chance you have to protect your rights.
Florida statute of limitation laws differ depending on the level and severity of the crime. There is no statute of limitations for capital offenses like first-degree murder and crimes punishable by death. However, most other criminal offenses have specific time limits that prosecutors must observe.
Understanding these timelines is particularly important because once the statute of limitations expires, prosecutors generally cannot file charges, regardless of the evidence available. That’s because the law recognizes that justice demands that the accused go on trial while witnesses’ memories and the evidence are still relatively fresh.
The Florida statute of limitations can be extended or “tolled” under certain circumstances. For example, if the defendant leaves the state, the time they’re absent doesn’t mostly count toward the statute of limitations. Additionally, some specific crimes, particularly those involving minors or DNA evidence, may have extended or different limitation periods.
Sexual battery and crimes against minors have extended statutes of limitations in Florida, with some serious offenses having no time limit at all. For example, there is no statute of limitations for first-degree felony sexual battery when the victim is under 18 years old. The discovery of DNA evidence can also extend the time limit in certain cases, allowing prosecutors to file charges within a specific period after the evidence is discovered.
Fraud-related crimes present another special category, where the statute of limitations might not begin until the fraud is discovered, or should have been discovered, rather than when it was committed.
If you’re under investigation or facing potential criminal charges, the statute of limitations could significantly impact your case. A qualified criminal defense attorney can help determine exactly how these time limits apply to your situation and protect your legal rights. Even if you think the statute of limitations has expired, it’s crucial to seek legal counsel, as various factors could affect the actual deadline.
Don’t wait until charges are filed to seek legal representation. Early intervention by an experienced and aggressive criminal defense attorney can help get the best outcome in your case, and might even prevent charges from being filed altogether. The statute of limitations is just one of many complex legal concepts that can affect your case. Call 407-759-6457 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.
