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Statute of limitations criminal prosecutions ; capais ;

Miami, FL |

775 . 15 provides that prosecution must be commenced within 2 years of a first degree misdemeanor . A person was first arrested and charged 10 months after the offense and the case is subsequently nolle pros . Less than two months later ( 1 1 / 2 years into it ) the state refiles the information . Service was never rendered and a capais was issued ten days before the SOL was supposed to run . The capais is subsequently vacated and then reinstated two months later . Has the SOL ran in this case ? Is what the courts did technically correct ?

****Sorry meant to say one and a half years into it.

Attorney Answers 3

  1. Prosecution is commenced by the filing of the Information. I don't quite understand the math here. The information was first filed 10 months after the person is arrested and the charge is dropped, but two months later the information is refiled. Somehow that is 11.5 years later. Does that mean that the information was filed 10 months after the arrest but the charges were dropped after 10 years?

    If the information was filed at large but not served upon the defendant then the statute of limitations likely has run, but it depends on the what specific charge it is because different crimes have different statutes of limitations.

    This is not to be considered legal advice nor does an attorney-client relationship exist.

  2. What the courts did is allowable, however the question about whether it ran may or may not be true. You changed the timing when you said that it was only a year and a half in, so that could change things. You need to talk to an attorney before even considering this and give them more information. In simple terms, which may or may not apply to your case, if a warrant is issued after a nolle prosse, and is not served until after the 2 years then you might have an issue. Again, it is crucial that you talk to an attorney in person.

  3. This is a tricky issue. In addition to the Statute of Limitations issue, I'm wondering if there's a speedy trial problem in here as well (was speedy trial waived prior to the nolle pros?). To answer this question, you're going to need a printout of the clerk's records. Take these records to a local criminal defense attorney to have the situation professionally evaluated. Good Luck!

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