Legal Question in Criminal Law in Florida

one of my family members shot a gun off in my house nearly hitting me and my wife who was holding our infant son. i did not report this right away because it happened after an altercation over some financial issues and i chose to leave the situation alone because these are my family members. but since this happened on june 10th 2010 they have been harassing me and doing other things to try and make my life harder. today i decided enough is enough i tried to be nice but im done. i went to my local sheriffs office with the shell casing of the bullet that was fired and told them exactly what happened and i was then told that there was nothing they could do about it because the statue of limitations says it has been too long and that i was just trying to report this as to retaliate against this family member . i would like to note that he is a convicted felon who is not supposed to have a gun in his possession much less fire one. there is a hole in my floor where the shot went through. i live in the state of florida.


Asked on 8/02/10, 2:55 pm

1 Answer from Attorneys
Ryan Rooth Rooth Law Group, P.A.

Should they at least investigate it yes. Will anything happen if he denies it occurred? Most likely not. Since it hase been almost 2 months since this happened law enforcement and the State Attorney are less likely to pick up any charges because it looks like retaliation and because there is such a great delay in reporting the crime. The delay causes holes in the story the likelihood of a not guilty greatly increases. The State Attorney has to have a good faith to prosecute and they will be very reluctant to take this case. The statute of limitations has nothing to do with this. The real issue is the delay in reporting the crime. If the problems continue try to get an injunction.

Ryan Rooth

www.roothlawgroup.com

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Answered on 8/07/10, 4:48 pm


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