Legal Question in Criminal Law in Florida

My sister was arrested today for a warrant for fishing without a license from 2004. Last year she was arrested for a DUI (first and only arrest until today)and this warrant didn't come up. The arresting office said that it wasn't validated until 2012 and thats why it didn't come up last year. I'd like to know if she can fight to get this arrest off her record. It's been 8 years since the "incident" occured, it just doesn't seem fair to have another mark on her record for something so miniscule


Asked on 9/10/12, 8:57 am

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Absolutely she can fight this. The warrant, in my opinion, has effectively gone stale. In other words, it shouldn't be valid anymore. That doesn't mean she walks into court and it gets dismissed. She is going to need a lawyer to file a motion on those grounds and probably statute of limitations and or speedy trial grounds. Call an attorney in your area right away.

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Answered on 9/10/12, 9:24 am
Joseph Justice The Justice Law Firm

She has a good possibility of having the case dismissed due to the statute of limitations. Odds are she was issued a citation back in 2004. Depending on the severity of the offense, the state has between one and three years to begin prosecution (This one is probably 2 years). If she has been located in the state of Florida the whole time, then there is probably no evidence the State made any good faith effort to serve the warrant (common on misdemeanors). Removing the arrest from her record will take additional steps, but right now looking into dismissal is more important.

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Answered on 9/10/12, 9:29 am


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