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What is the Florida Statute of limitations on recovering property time?

Orlando, FL |

I have looked and read the entire Florida Statutes at http://www.leg.state.fl.us - but I cannot seem to find anything about how long the State has to file charges after a cop raid of a home with search warrant. In my case, it has been six months with no charges filed, but they have had all my belongings. IPAD, computers, server, cameras, etc. I just want my stuff back so I can get back to trying to make money. The entire seizure was bunk anyway from my former partner running to the cops saying I ran a fraud website, which is false. I just don't know what to do. They seized my bank account so no money to pay lawyer. I just want to know - what is the statute of limitations that our Government can just hold my stuff with no arrest and just basically messing with me?

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Attorney answers 3

Posted

Look at Florida Statute 775.15. That is the Statute of Limitations statute. Basically, the more serious the charge the more time the State has to charge you. www.BryceFetter.com

Asker

Posted

Thanks Bryce. Read the entire statute I did not see anything about limitations to search warrants and amount of time deemed for police to hold my belongings from me.

Bryce Aric Fetter

Bryce Aric Fetter

Posted

Correct but you see that they have years charge you with a crime when they don't arrest you. So they still have plenty of time. If you have any criminal exposure whatsoever then do not bother them. If you don't then your can file a civil action in circuit court to try to get your stuff back. Good luck.

Posted

I'll refer you back to our past answers.

David R. Damore, Esq., Damore, Delgado, Romanik & Rawlins, Daytona Beach, FL, (386) 255-1400. Mr. Damore is a former Volusia and Broward County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Asker

Posted

Don't even comment if you are just going to be a prick with a 80's mustache

David Richard Damore

David Richard Damore

Posted

How brave

Posted

Fla. Stat. 775.15 applies to most, but not all charges. So a lot depends on what they are going to charge you with. One example, of exceptions to this statute is the theft and fraud statutes which allow for a 5-year statute of limitations. It would be best to talk to an attorney in person to be sure.

Asker

Posted

So the cops can hold all my computer equipment for 5 years? And decide to press charges 4 years and 364 days later against me?

Craig A. Epifanio

Craig A. Epifanio

Posted

You can certainly hire an attorney to file a motion to get your property back, but don't do that until talking with the attorney.

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