Whats the statue of limitations on stalking in florida

Asked over 1 year ago - Key Largo, FL

if a case was filed over 13 years ago by the pd and then went to the the courts for a charge 1 misdamenor charge of stalking and the state of fl has it but they were unable to find the defendant cause the defandent moved before they served them and before the pd filed the case and the defendent has no idea about the charge of stalking being filed against them..whats the statue of limitations for that? is there a statue or not..if the defent is found can they still be charged after 13 years? or did it exspire cause its been too long will it ever exspire

Attorney answers (2)

  1. Larry Thomas McMillan

    Contributor Level 15

    Answered . Statute of limitations is 3 years. However, it sounds like there is a very good basis for a motion to dismiss the case based upon a violation of due process. We have filed and prevailed on these cases in the past.

  2. Robert Jason De Groot


    Contributor Level 20

    Answered . For misdemeanors the S/L is 2 years. But it may not apply because the case was filed, and if the defendant left the state, the statute is tolled.

    R. Jason de Groot, Esq., 386-337-8239

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