In Florida' if a defendant has been determined to be Incompetent To Proceed and put on a mental heath treament plan in an attempt to make a him/her Competent to Proceed does the (Statue of Limitations) apply?
For a charge for an example 3rd degree Felony Criminal Mischief.
the statue of limitations for this is 3 years. Fla Statue 775.15 2b
If the 3 years comes first and the defendant is not competent should the lawyer file a Motion to Dismiss based on the Statue of Limitations has expired.
You may think this would not be appropriate, But not according to the FL statues i read.
To note Florida Statue Chapter 916.14 States
The statue of limitaions shall not be applicable to criminal charges(dismissed)because of the incompetency of the defendant to proceed.
Pls read the statuePlease read rest of FLStatue 914.14 .