Legal Question in Criminal Law in Florida
In 2008 I stupidly accepted a plea deal for a crime I didn't commit, A crime that was committed by my mother. I was charged with Grand Theft- 812.014 2[b] & was given 10 yrs probation with almost 40k restitution & adjudication withheld as I have never been in trouble.
Complicated circumstances prevented me from trying to prove my innocence until last year at which time I learned there really wasn't anything I could do this many years later. I have continued to research however & discovered that from all appearances the Statute of Limitations had well expired when I was charged. It was claimed the crime occurred in January of 2000 & the prosecutor first filed an action in June of 2006 & I wasn't charged till June of 2007. If I am interpreting the statute correctly & allowing for the exception concerning theft, the max amount of time to file is 5 years.� Nor was I missing or unable to be located.
Therefore, my question would be is this assumption correct & if so can anything be done about now?
2 Answers from Attorneys
Most of the time, there is little that can be done, and it is possible that little can be done here. However, you may still be able to raise a statute of limitations claim even at this late date. You are correct that it is 5 years for theft. Couple things though that may affect that. You had to be a resident of this state or located in this state for those 5 years. Also, if it was a "continuing theft", for example, the theft started in January of 2000 and small thefts were made over the next 2-3 years, then the statute of limitations doesn't start until that last criminal action. If these situations don't apply to you, then I strongly suggest you contact an attorney located near you or the county of the offense to see if a post-conviction motion can be filed.
There is case law that states that "statutes of limitation on crimes are not jurisdictional and the defendant may waive the statute of limitations defense." This means that the fact that the statute of limitations may have expired does not mean that the case had to be dismissed. There is also case law that states that a "defendant who failed to present or preserve any issue below with respect to the statute of limitations could not now assert the applicability of the statute of limitations for the crime for which he pleaded no contest." This means that unless you raised the issue at the time of your plea (filed a motion to dismiss that was denied) you can not raise it on appeal.
You didn't mention in your post whether you had an attorney at the time of your plea and whether your attorney told you about the statute of limitations issues. If you did have an attorney and they did not advise you regarding the statute of limitations, your only remedy at this time may be to file a Motion to Vacate your sentence based on ineffective assistance of counsel.
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