Legal Question in Criminal Law in Florida

statue of limitations

I was recently arrested on warrants from 1999, almost 7 years ago. The warrent was for Battery/Simple-Statue S784.03 and Criminal Mischief ($200 or less)-Statue S806.13.

I was never arrested on the charges and was unaware of the entire situation until I was arrested yesterday. I have read that the statue of limitations for any misdeamenaor offense is 2 years. If this is the case, shouldn't these charges automatically be dropped when I appear in court or should I seek legal representation to make sure that I am cleared of the charges. This incident happened 7 years ago and I was never arrested on assault charges. I am currently active in my commuity as a coach and fear that an assualt charge may interfere with my ability to keep coaching. What advice can you offer?

Asked on 6/10/06, 5:53 pm

2 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: statue of limitations

You need a lawyer to file a motion regarding the statute of limitations. It may or may not apply.

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Answered on 6/11/06, 9:05 am

Richard Hornsby Richard E. Hornsby, P.A.

Re: statue of limitations

While the Statute of Limitations is two years for misdemeanors, there are exceptions that toll the running of the Statute of Limitations. Therefore it is necessary for a Motion to Dismiss to be filed. If any of the exceptions apply, the State will have to prove them at the hearing on the Motion to Dismiss. If they do not apply the Judge will grant the Motion to Dismiss.

I am very experienced in this are of law. If you are in the Central Florida area feel free to contact me and I would be happy to represent you on this matter.

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Answered on 6/11/06, 7:32 pm

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