Legal Question in Criminal Law in Florida

If a criminal defendant discovers that 5 out of 6 of his charges are barred from prosecution. Because. The statute. Of limitations expired on all second degree felonies and moves for dismissal on the grounds that the trial court lacks jurisdiction over those 5 charges, can the state then amend the information to all first degree charges to circumvent the statute of limitations. Secondly ,if a defendant does not discover this violation until after he was convicted, and raises it in a timely filed motion for post conviction relief, can he be subjected to reprosecution by the state amending the information to first degree felonies? Please note that the record contains no personal waiver of a statute of limitations. Defense. Any help would be greatly appreciated,including citations of authority regarding these questions. Thank you in advance for your help


Asked on 1/04/16, 1:08 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Statute of limitation questions can be very complex. There are a lot of loopholes and other ways that a prosecutor can pursue charges against someone. The best thing you can do now is to talk to an attorney in your area to get an opinion on what you should do next.

Read more
Answered on 1/04/16, 2:32 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida