In 2009 & 2010, ex-wife filed several false police reports & committed fraud/perjury several times against me threatening our kids punishment to lie covering her, which eventually was cleared. Now 2012, our kids being abused/neglected by ex-wife & new CHILD ABUSE FELON husband wants to file a sworn written report that they were threatened punishment & unethically coerced/forced/manipulated to lie for ex-wife & I want to press charges. However, Police with jurisdiction denied us to file a sworn written report & only did an informal supplemental report to previous 2009 & 2010 sworn police reports stating that the FL Statute of Limitations for ex-wife filing false police report, fraud, & perjury has expired. Was I given wrong information above? Can Police deny a sworn written report? Thanks.
Criminal Defense Attorney
Here is the statute of limitations in the criminal code.
775.15 Time limitations; general time limitations; exceptions.—(1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time.
(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
(b) A prosecution for any other felony must be commenced within 3 years after it is committed.
(c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.
(d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.
The S/L on the false police report is 2 years. As to fraud and perjury, it could be either 3 or 4 years depending upon the specific facts.
Get an attorney to represent you.
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This will be an uphill battle. I agree with my colleague as to the need for an attorney. As the victim, you and the children have certain rights. Please contact a local attorney to assist you. Good luck.
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Violent Crime Lawyer
Call the prosecutor's office and demand to speak to a victim advocate. Demand to speak to her and the chief prosecutor. Advise them that you know what your rights are, which are:
Florida Constitutional Amendment, Article I Sec. 16. Rights of accused and of victims
(a) In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation against him, and shall be furnished a copy of the charges, and shall have the right to have compulsory process for witnesses, to confront at trial adverse witnesses, to be heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed. If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties he will be tried. Venue for prosecution of crimes committed beyond the boundaries of the state shall be fixed by law.
(b) Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.
Also you may want to retain an attorney to see about a civil action.
As I understand it, you had false police reports filed against you. The statute of limitaitons regarding that is found at:
FS 95.11(3) FOUR YEARS
(o) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (4), (5), and (7).
Unfortunately, the statute of limitations for libel or slander may have already run:
FS 95.11(3)(4) WITHIN TWO YEARS.—
(g) An action for libel or slander.
Best of Luck To You,
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