Incompetent to Proceed

Asked over 4 years ago - Tampa, FL

In Florida' if a defendant has been determined to be Incompetent To Proceed and put on a mental heath treament plan in an attempt to make a him/her Competent to Proceed does the (Statue of Limitations) apply?
For a charge for an example 3rd degree Felony Criminal Mischief.
the statue of limitations for this is 3 years. Fla Statue 775.15 2b
If the 3 years comes first and the defendant is not competent should the lawyer file a Motion to Dismiss based on the Statue of Limitations has expired.
You may think this would not be appropriate, But not according to the FL statues i read.
To note Florida Statue Chapter 916.14 States
The statue of limitaions shall not be applicable to criminal charges(dismissed)because of the incompetency of the defendant to proceed.
Pls read the statue

Additional information

Please read rest of FLStatue 914.14 .

Attorney answers (1)

  1. Craig A. Epifanio

    Contributor Level 18

    Answered . Incompetency has little to do with the statute of limitations. If a person was declared incompetent, the statute of limitations continues to run. HOWEVER, the statute of limitations no longer applies if the person has been arrested and/or served with a warrant or summons. In other words, if a person is charged by Information on a criminal mischief charge within the three year time period of the event, the person's competency makes no difference for purposes of the statute of limitations. For speedy trial purposes, the speedy trial rule is tolled while the person is incompetent but that is a wholly different discussion.

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