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FL Criminal defense, statute limitations, absence from state, warrant violation
San Francisco, CA
Viewed 2351 times.
Posted about 1 year ago in Criminal Defense
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Felony charge for cocain and marijuana:
While on House arrest in Florida boyfriend tested positive on a drug test and while left unattended by probation officier fled. There was a note left by PO officer at residence to call and I believe a warrant was issued. He fled the state and has stayed out of trouble with the law and was told that there might be a statue of limitations for his charges which were for possesion of cocaine, marijuana along with driving on a suspended license. There was another situation when he traveled out of the country and upon his return going thru customs he was flagged and arrested in Arizona due to his warrent. He was released after signing documents stating that he would get himself back to florida to surrender himself which he has not done. If there is such a statue of limitations would the Arizona situation be the date which the clock goes by or the origianl charge? If once stays out of trouble for a period of time would all charges be dropped?
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Answers (3)Anthony John Colleluori
This attorney is licensed in New York.
Posted about 1 year ago.
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Usually, a Statute of Limitations is a time period in which a charge must be brought. Once it is filed, there is no time limit on when it is prosecuted, other than a speed trial right. Your boyfriend is not staying out of trouble, he is a fugitive and until he comes back to Florida to face his charges the situation is not going to go away.
The best thing he can do is while out of state contact a Florida attorney (there are plenty listed here) and arrange his surrender or one day he might just get picked up and spend more time waiting to be transferred to Florida than he would be sentenced to. Good luck. Adam Todd Dougherty
This attorney is licensed in Arizona and 1 other state.
Posted about 1 year ago.
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There is NO STATUTE OF LIMITATIONS ISSUE. First, your boyfriend was on probation which means he already pled to the charge so there is no issue of a statute of limitations because the case was successfully prosecuted with in the time frames. EVEN IF, there was a statute of limitations issue it still would NOT be applicable to your boyfriend's case because once you leave the State of Florida the statute of limitations is tolled.
As for traveling out of the country, every time someone enters the country be it at a border crossing, ship, or plane, CBP (Customs Border Protection) runs a background and warrant check on every body entering the country. If he ever leaves again he will be detained again. Next time he may not be so lucky. He has already promised once to appear and failed to do so after being detained. If Florida does decided to extradite your boyfriend will be responsible to pay for his extradition which often runs from the high hundreds to several thousand dollars. He is better off returning to Florida and surrendering himself. If he's extradited and sent back he most likely can expect the judge to give him the 5 years Florida State Prison on the VOP charge for the cocaine. If you have any further questions don't hesitate to contact me (800) 272-9163. aldeehotboy
Posted 12 months ago.
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Its best u stay were u are because if your more then 5,000 miles away belive me thay wont come for you because remember thay have to come and take you to florida theres more then 10 thousand people that went on vacation and left with probation. thay have to much on there hands to hold some one from another state.if u catch another charge were ever you are thay might hold you for 90 days and relese you if florida dont come.
A common law legal system might have a statute limiting the time for prosecution of crimes called misdemeanors to two years after the offense occurred. In that statute, if a person is discovered to have committed a misdemeanor three years ago, the time has expired for the prosecution of the misdemeanor. Or a contract can only be sued upon for breach of performance from six years after the contracted performance became due. By contrast, Canada has a criminal-limitations period only for summary (less serious) offenses. The period is six months from the date of the offense which includes thefts under $5000. Thus, for instance, a Canadian can be charged only with an "indecent act" within six months of the time of offense, unless both the Crown and the defense agree. In the case of indictable (more serious) offenses, for example if a hypothetical assailant committed sexual assault, the assailant could be charged any time in the future. A crime (in the case of a criminal prosecution) or a cause of action (in a civil lawsuit) is said to have accrued when the event beginning its time limitation occurs. Sometimes this is the event itself that is the subject of the suit or prosecution (such as a crime or personal injury), but it may also be an event such as the discovery of a condition one wishes to redress, such as discovering a defect in a manufactured good, or in the case of controversial "repressed memory" cases where someone discovers memories of childhood sexual abuse long afterwards. An idea closely related, but not identical, to the statute of limitations is a statute of repose. A statute of repose limits the time within which an action may be brought and is not related to the accrual of any cause of action; the injury need not have occurred, much less have been discovered. Unlike an ordinary statute of limitations which begins running upon accrual of the claim, the period contained in a statute of repose begins when a specific event occurs, regardless of whether a cause of action has accrued or whether any injury has resulted. This often applies to buildings and properties, and limits the time during which an action may lie based upon defects or hazards connected to the construction of the building or premises. An example of this would be that if a person is electrocuted by a wiring defect incorporated into a structure in, say, 1990, a state law may allow his heirs to sue only before 1997 in the case of an open (patent) defect, or before 2000 in the case of a hidden defect. Statutes of repose can also apply to manufactured goods. Manufacturers contend they are necessary to avoid unfairness and encourage consumers to maintain their property. Consumer groups argue that statutes of repose on consumer goods provide a disincentive for manufacturers to build durable products and to notify consumers of product defects as the manufacturers become aware of them. Consumer groups also argue that such statutes of repose disproportionately affect poorer people, since they are more likely to own older goods. |