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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Grand Theft Over $100K, And Florida's Statute Of Limitations

    My question involves criminal law for the state of: Florida

    In July 2002 I deeded a home over to myself by signing the owner's name (she knew about it, "she said/she said" kinda thing). I am charged with Grand Theft over 100K and Forgery. The complaint was filed against me in December 2006, in December 2007 a warrant was issued and I was arrested. I have a worthless public defender who does not want to return calls etc...I read in your forum Statute of Florida Limitations for first degree felonies. Has this not exceeded the Statute of Limitations? If it is past the Statute of Limitations and I file a motion to drop charges and dismiss case can the Judge decide not to honor it? Please advise asap...I am facing up to 35 years in prison and get no help my from my public defender.

    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Re: Grand Theft Over $100K, And Florida's Statute Of Limitations

    Read this thread, quoting Florida Statutes, Section 775.15. Note that the limitations period can be extended, for example, by your absence from the state, (Subsection 5), or based upon the delayed discovery of fraud (Subsection 12(a)). If you believe the statute of limitations ran before you were charged, you and your lawyer should file a motion seeking dismissal on that basis.

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Grand Theft Over $100K, And Florida's Statute Of Limitations

    Aaron,

    One last question regarding your response. Yesterday my PD filed a motion for a continuance, new dates are set for pre-trial and trial. If a motion to dismiss is denied will this cause any thing to speed up the pre-trial, will this cause this to go straight to trial?? Will it do me any harm? Please advise your soonest.

    Best Rgds

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