Florida Criminal Statute of Limitations Laws

Criminal statutes of limitations give prosecutors deadlines or a limitations period for filing criminal charges. These time limits often vary by the severity of the crime, with no limitations period for certain violent crimes like capital murder. If the prosecutor or state attorney fails to bring charges before the applicable statute of limitations expires, the court will likely dismiss the charges.

A statute of limitations is an affirmative defense to an untimely criminal prosecution. Every state or territory, including Florida, establishes its own criminal statute limitations.

This FindLaw article explores criminal statutes of limitations in Florida.

Criminal Statute of Limitations Basics

Criminal statutes help ensure evidence, both physical and testimonial, does not degrade before trial. Evidence sufficient to prove guilt is the cornerstone of any criminal prosecution. Prosecutors rely on testimonials and physical evidence when trying criminal cases. Examples of testimonial evidence include, but are not limited to, the following:

• Eyewitness testimony
• Law enforcement reports
• Character statements

Examples of physical evidence include, but are not limited to, the following:

• DNA evidence
• Fingerprints
• Surveillance footage

Consider a DUI case that resulted in vehicular manslaughter. The prosecution may rely on eyewitness testimony, police reports, and breathalyzer results to make their case. If the prosecution waits a decade to file a charging document, much of that evidence could be unusable. The eyewitness may be in cognitive decline, or the police officer may no longer be part of the force.

Waiting a decade to file charges is also unfair to the defendant and is incongruent with the swift administration of justice. The alleged perpetrator may escape accountability for causing a death. Evidence can degrade or disappear over time, so bringing criminal charges within the allowable time period is essential.

Tolling

Tolling is an essential concept in analyzing a criminal statute of limitations. Think of tolling as a pausing of the relevant statute of limitations. For the criminal offense of first-degree misdemeanor theft, the statute of limitations under Florida law is two years. This means the prosecution has two years to file criminal charges against the alleged perpetrator.

If the person left Florida or is otherwise unavailable, the statute of limitations would pause during their absence. It restarts when the person returns to Florida.

Florida Criminal Statute of Limitations at a Glance

Note: State laws are constantly changing. You should conduct your own legal research to verify the state law(s) you are researching.

Issues With Florida Criminal Statutes of Limitations? Speak to an Attorney

Consider speaking with a Florida criminal defense attorney if you're facing criminal charges. An expert in criminal law can help you accurately compute the statute of limitations period. Having a skilled Florida criminal defense attorney in your corner can make a huge difference.