Statute of limitations for drug charge in Florida?

Asked almost 2 years ago - Jacksonville, FL

I have 2 warrants for WITH INTENT TO SELL MFG DELIV SCHEDULE I OR II they have issued a $25,000 bond on each charge in Clay County Florida. I live in New Orleans and was wondering if there is a statute of limitations and if I can recieve any additional charges for refusal to turn myself in.

Attorney answers (2)

  1. Larry Thomas McMillan

    Contributor Level 15

    3

    Lawyers agree

    Answered . If the charges were filed before the statute of limitations expired you are probably out of luck. However, a motion to dismiss might be viable if the warrant has been pending and the State cannot establish any efforts to locate you. A lot depends on how long the warrant has been outstanding and how you have been living. Under an assumed name or under your name as charged in the Information/Indictment?
    Another important aspect of the warrant is extradition. The warrant may have a restriction on how far they will be willing to extradite you.

    You need to hire an experienced criminal defense attorney.

    Call me if you want to discuss the case.

    Larry McMillan
    305-444-0030
    www.dmt-law.com

  2. Tracey Lyn Sticco

    Contributor Level 14

    2

    Lawyers agree

    Answered . In Florida, if you received notice within the statutory time period that criminal charges have been filed, the Statute of Limitations would be tolled (meaning it will not run). Your continuous absence from the State only becomes relevant if the State fails to make diligent efforts to locate you. What constitutes "diligence" for purposes of the Statute is at the discretion of the trial judge assigned to your case. As my colleague points out, my concern for you would be the very real possibility that Florida would choose to extradite when/if you are located.

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