A statute of limitations is a law that limits the time within which legal proceedings can be brought. In Florida, we have a variety of statutes of limitations, some of which apply to civil actions and others that affect criminal actions. This article provides a brief overview of the major Florida criminal statutes of limitations; however, statutes of limitations law can be quite complicated and it is important to consult a local criminal defense attorney for case specific information.
Key Florida Statutes of Criminal Law
What is the difference between sealing and expunging a record?
If you have a criminal record it can be difficult to find a job. Employers often run background checks on applicants, and a criminal record can make you less attractive to potential employers. The information contained in a criminal history record varies from country to country, but generally includes a person’s convictions, arrests, and other interactions with the criminal justice system.
When does the limitation period begin to “run”?
Under Florida law, once a crime is deemed to have been “committed,” the statute of limitations begins the day after the crime was committed. A criminal offense is deemed to have been committed “when all the elements have occurred or, when a lawful purpose to prohibit the continuation of the conduct is clearly identifiable, at the time the conduct or the defendant’s complicity in it ceases to be exist”.
To make sure you are not being sued for unfair statute of limitations, you should find out what statute of limitations applies to your charges. Because the statute of limitations varies by rate, and some rates have no time limit, it’s important to keep up with these limitations. The general rule, except in certain circumstances, is:
Is there any reason the state can detain my family member for more than 33 days?
Yes. If the prosecutor can show an important reason, the prosecutor’s office can keep your family member in custody for up to 40 days. The state must release their loved ones that day unless prosecutors have formally charged them with a crime.
Police can arrest someone based on information from victims or witnesses or other parties about a crime. For example, if your loved one is allegedly involved in a bar fight, the police can arrest them even if there is no concrete evidence that they were the attacker.