Atlanta, GA asked in Criminal Law for Florida

Q: What is the Florida statue number and the statue of limitations for criminal court case in Tallahassee?

Is there a statue of limitations?

If so, how long?

Also, is there a statue pretaining to how long these cases can be continued in Florida court system without being settled?





Related Topics:
1 Lawyer Answer
Jonathan Blecher
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: Pursuant to Florida Statute 812.035(10), a five year Statute of Limitations applies to the crime of Grand Theft and controls over the general statute of limitations otherwise applicable in all criminal cases under section 775.15. As a result, a prosecution for Grand Theft can be brought up to five years after the offense was committed.

The burglary charge has a 3-year SOL.

Cases are often postponed due to overcrowded dockets, discovery disclosure delays, and in many cases when the Defendant fails to appear. In your example above the charges are listed with an "FTA" designation (meaning Failure to Appear). A defendant who has failed to appear or voluntarily absented himself from the jurisdiction has waived some speedy trial and statute of limitations rights.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.