Legal Question in Criminal Law in Florida

statue of limitations

would violation of probation on a d.u.i. carge from 10 years ago still be valid?


Asked on 12/06/07, 7:26 pm

2 Answers from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: statue of limitations

In Florida, there is no statute of limitation for a violation of probation allegation.

Also, while the VOP warrant is not usually extraditable, it nonetheless can cause you problems and will prevent your return to Florida or you risk being arrested if stopped by the police.

Finally, it also acts as a basis for a license suspension.

If you would like to clear the matter up please contact me.

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Answered on 12/07/07, 9:42 am
Scott R. Jay Law Offices of Scott R. Jay

Re: statue of limitations

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is not a statute of limitations on an open charge. Warrants can and will remain open for years. If you have an outstanding charge and have failed to appear to answer to the court, then you should make arrangements to do so. If not, one day when you least expect it, you will be stopped for a simple traffic violation or get in an accident or some other non related matter in this or another state and then get arrested and be held until you are brought before the court.

Scott R. Jay, Esq.

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Answered on 12/06/07, 8:44 pm


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