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  1. #11
    Join Date
    Aug 2012
    Posts
    19

    Default Re: Florida Statute of Limitation(S)

    How about if he went under the county where the incident allegedly took place, and went to the sherriff's office website. If he doesn't appear there under "active warrants", which he didn't, as of nearly 14 years later. I told him, "it looks pretty darn safe to me." I wonder if should have paid me the $350, he paid to chat with that attorney for an hour.

  2. #12
    Join Date
    Aug 2012
    Posts
    19

    Default Re: Florida Statute of Limitation(S)

    What will likely occur is that the DMV will find the now outstanding arrest warrant for the parole violation. The DMV will alert the police that the person applying for ID has a warrant for arrest, and the police will arrest the parolee on the premises. The police will bring the parolee to court somewhat immediately. Somewhere in here the parolee needs to call his or her lawyer to update the lawyer, arrange bond and expedite the case, or somehow eradicate the violation by convincing the judge that the violation was somehow a misunderstanding. Not likely say the experts given that the parole violation was a DUI.

  3. #13
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,878

    Default Re: Florida Statute of Limitation(S)

    This was a parole violation? And not simply a warrant for his arrest for DUI?

    If so, then that could change things. First off, many warrants are never entered into NCIC. They are entered into NCIC if extradition from elsewhere is desired. If there is no extradition, then no entry into NCIC need occur.

    Second, a parole violation would not be a local warrant on the county website - it would be issued by the state. Whether it is issued by the FL DOC or some other entity, I am not sure as I am not familiar with how FL is set up for this. You might want to check their absconder information: http://www.dc.state.fl.us/Absconder/

    A question ... was he arrested for the DUI and booked into jail? If so, I would be shocked if there was no warrant for his arrest, or if he faced no potential arrest for his actions.

    If he never finished off his parole, he's still technically a fugitive. It might be that FL does not issue warrants for all such offenders, but if they are run through NCIC it comes back with a hit on a supervised release file and may have an indication that he is a fugitive. That may be how they address absconders. Different states operate in different ways.
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  4. #14
    Join Date
    Aug 2012
    Posts
    19

    Default Re: Florida Statute of Limitation(S)

    No, that was my mistake sorry. I was trying to make an extended point with the DMV scenario. I simply mean if my friend who now resides in the great state of Wyoming has not had a warrant filed as of yet and his alleged accusation took place 14 years ago. I, well better put, he believes that IF there was ever a charge to be filed it would have been a felony warrant, which most certainly would have appeared in NCIC. I told him, "(his name), warrants don't take 14 years to be listed in NCIC." I have a friend who bonded out of jail in Florida on a DUI with a bail bondsman, missed a court date, an FTA was filed for him. He was discovered in southeastern New Mexico and YES, believe it or not, his FTA warrant was listed in NCIC and he was extradited back to eastern Florida from NM>

  5. #15
    Join Date
    May 2011
    Posts
    638

    Default Re: Florida Statute of Limitation(S)

    Bottom line, that others have stressed, is that unless it was entered into a database by the jurisdiction which issued the warrant, then it isn't going to show up anywhere except at the courthouse where it was issued. 14 years ago? Did I get that right? 14 years ago the use of computerization of records was far more spotty.

    I would hire an attorney who's in the town where the warrant might have been issued, and have an actual records search done there, on premises. I wouldn't walk in myself because I might not walk out. If there is a warrant, that attorney could help settle it, perhaps without an arrest. I sure would get it settled before it bit me in the behind when I least expected it.

  6. #16
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,141

    Default Re: Florida Statute of Limitation(S)

    Try calling the clerk of the court where charges would have been filed, to see if they can tell you over the phone if there are any cases under your name.

  7. #17
    Join Date
    May 2011
    Posts
    638

    Default Re: Florida Statute of Limitation(S)

    That might work, and would be a good first try. Here it wouldn't work because the clerk won't search records. We have a librarian who is the "keeper of records" and she won't search. We have to search ourselves. We can sit at one of the computers in the records room and search, and we can physically search the archives. We have to sign in and out, and request and pay for any copies we want.

    We aren't allowed to take any briefcases etc. into the records rooms which might allow us to abscond with records.

  8. #18
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,141

    Default Re: Florida Statute of Limitation(S)

    Right. It's a chance, but it's a pretty easy step to take. Some courts now also offer some level of online case searching - another possibility worth checking, especially given that this is Florida (and they seem to put more court records online than any other state).

  9. #19
    Join Date
    May 2011
    Posts
    638

    Default Re: Florida Statute of Limitation(S)

    Exactly. I'm not disagreeing. I'd just want to have someone see the physical archives if it didn't show up in a computer search. It may never have been put into a database. I simply couldn't abide the possibility that there was a warrant issued for me until I'd had a thorough physical search done.

    If the clerk or librarian would do it, that would be great and I'd sure ask first as you suggested. It's a really good idea, not knowing their rules.

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