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Statute of Limitations Defense Lawyer in Orlando, Florida
Statute of Limitations
Orlando Statute of Limitations Defense Lawyer
Many people are shocked to learn that they have criminal charges stemming from events that occurred years—or even decades—earlier. In some cases, a person knew charges were filed but believed the matter had faded away. In others, an arrest warrant or information was filed without the individual ever being notified. These situations often come to light during background checks, job applications, or traffic stops.
Old criminal cases, particularly those involving sex crime allegations, can be overwhelming and disruptive. Fortunately, Florida law places strict time limits on when the State may prosecute certain offenses. These deadlines are known as statutes of limitations, and when they apply, they can result in charges being dismissed entirely. At Hanlon Law, Orlando criminal defense attorney Will Hanlon helps clients determine whether the statute of limitations may bar prosecution in their case.
What Is a Statute of Limitations in Criminal Cases?
A
statute of limitations is a law that limits the amount of time the State has to file criminal charges after an alleged offense occurs. These laws exist to ensure fairness. As time passes, evidence can disappear, memories fade, and witnesses become unavailable. Defending against decades-old allegations is often inherently unreliable, and the statute of limitations is designed to protect against that injustice.
However, statutes of limitations are not straightforward. Whether they apply depends on the type of charge, the severity of the offense, the age of the alleged victim, and whether prosecution was properly commenced within the statutory period. Careful legal analysis is often required to determine whether a case is time-barred.
Statute of Limitations for Sex Crimes in Florida
Florida law treats sex crimes differently depending on their classification. Some offenses have no statute of limitations, while others are subject to strict deadlines:
- Capital felonies or life felonies: There is no statute of limitations. Prosecution may begin at any time.
- First-degree felonies: Prosecution must generally begin within four years of the alleged offense.
- Second- or third-degree felonies: Prosecution must generally begin within three years.
- Misdemeanors: Prosecution must begin within one or two years, depending on the charge.
Many serious sex crimes—especially those involving minors—fall into categories that either extend or eliminate the statute of limitations altogether. Others, however, are subject to firm deadlines that, if missed, prohibit the State from moving forward.
When Does Prosecution “Commence”?
A key issue in statute of limitations cases is determining when prosecution officially began. Under Florida law, prosecution is considered commenced by:
- An arrest
- The filing of an information
- The return of an indictment
Problems often arise when an arrest warrant or charging document is filed, but the defendant is never served. In these situations, the State must show that it made a good-faith effort to execute the warrant without unreasonable delay. If it did not, the statute of limitations may continue to run—and may ultimately expire.
This is a highly technical area of criminal law, and even small procedural missteps by the State can make the difference between a case moving forward or being dismissed.
Why the Statute of Limitations Matters in Sex Crime Cases in Orlando
Sex crime allegations frequently surface long after the alleged conduct occurred. While some cases are lawfully prosecuted years later, others are barred by statute. If the deadline has passed and prosecution was not properly commenced, the court may be required to dismiss the charges—regardless of the allegations.
Because prosecutors do not always volunteer this information, it is critical to have an experienced defense attorney review the timeline of your case before taking any further action.
Speak With an Orlando Criminal Defense Attorney Today
If you believe you may be facing criminal charges for conduct alleged to have occurred years ago, do not assume the case is valid. The statute of limitations may provide a complete defense—but only if it is identified and asserted correctly.
Will Hanlon, founder of Hanlon Law, has represented criminal defendants in the Orlando area since 1994 and has extensive experience handling complex procedural defenses, including statute of limitations challenges. He works to protect clients from unlawful prosecutions and unnecessary exposure to criminal penalties.
To schedule a confidential consultation, contact Hanlon Law today by
phone or
online. Early legal review can make all the difference in protecting your rights and your future.
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