Legal Question in Criminal Law in Florida

In 1992, my former husband was a suspect in an arson on his investment property in which he was later charged and prosecuted for insurance fraud. The arson case, however, was never charged because I (his wife at the time) gave an alibi for him that, in recent reflection, was inaccurate. While the alibi I gave was honest, I omitted (at his request) a small, 15 minute window of time where he had to run back to the house for something. Twenty minutes afterward, we were receiving calls from neighbors about the house being on fire.

I am appalled with myself for standing up for him, and would like to do the right thing. However, I would like to know if there is a statute of limitations on arson (No one was home, or injured, just property damage) because it wouldn't seem to make sense to bring it all out again if no one would charge him after 18 years anyhow.

And secondly - if I did report the discrepancy, will there be any risk of ME being charged with anything?


Asked on 5/15/10, 4:36 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Unless a death occurred, making this a capital felony, the statute of limitations would have expired at this point. Assuming a worst case charge of perjury, the statute of limitations would have run on that as well. That said, while you ultimately may not be convicted due to expiration of the statute of limitations, I would advise remaining silent. They could still arrest you, it's just that you would have to hire an attorney to do the motion to dismiss despite the illegality of proceeding. I don't see any good, from a legal standpoint in saying anything. Of course, from a moral standpoint, that is a personal choice.

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Answered on 5/20/10, 7:48 pm


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