Legal Question in Criminal Law in Florida

I was charged with insurance fraud and false commission of a crime for the theft of my own veicle, then the charges were no billed. Since then I tried to correspond with ny insurance company bout what to do since my vehicle still has not been found, and was informed that the detective that originally tried to charge me would once again be taking the charges back to the states attorney to refile charges since information that he did not have before had been obtained at thispoint. I hired an attorney on an investigative note to find out what was going on and he says that yes the states attorney has noted that they would be picking up the case but it is not first priority for them right now. What should I do Besides wait for them to come arrest me again...I am still making insurance payments, but only made one payment on the vehicle after it was stolen. It still has not been found. Do I have to keep on makint payments until they decide that this case is on the top of the list? My attorney says that there is a 3 year limit that they can by law drag this out. Is this true?


Asked on 6/02/11, 9:14 pm

2 Answers from Attorneys
Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

If you were arrested or served with notice the first time the police charged you with this crime, that starts the speedy trial clock running. This means, rather than the 3 year statute of limitations, the state has 175 days from the date of your first arrest to bring this case to trial. The courts have been very clear that no billing or nolle prossing a case does not stop the speedy trial clock.

Read more
Answered on 6/02/11, 9:27 pm
Craig Epifanio Craig Epifanio, P.A.

I would also note that if you were NOT arrested, then they actually have FIVE years to file charges. Furthermore, if speedy trial was ever waived by you or your attorney, then they still have those 5 years to bring charges. Stay in contact with your attorney about this.

Read more
Answered on 6/03/11, 8:10 am


Related Questions & Answers

More Criminal Law questions and answers in Florida