Legal Question in Criminal Law in Florida

Statute of Limitations

Was arrested for failure to obey a officer and

disorderly conduct in Ft Lauderdale 20 years ago;

failure to appear in court for same. Have been in

California since incident. Judge won't dismiss the

Capias Warrant. Is there a Statute of Limitations?

Where can I find a cheap lawyer? Should I hunt in

Florida or California for the lawyer?


Asked on 3/19/01, 6:43 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Statute of Limitations

Upon your failure to appear in court, you were probably convicted in abstentia and a bench warrant issued for your arrest. Once convicted, there is no statute of limitations. The conviction stays forever.

Your best option at this time is to hire a local attorney who can try to have your case reopened and attempt to enter a plea on your behalf which would have the effect of cancelling the warrant. If your record is otherwise clear, you may be able to enter a no contest plea in exchange for a withhold of adjudication. This will not be an easy task as many judges are aprehensive to reopen a case that is 20 years old although it can be done.

Scott R. Jay, Esq. 204-249-8000

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Answered on 5/27/01, 11:05 pm
Victor Hobbs Victor E. Hobbs

Re: Statute of Limitations

I've read Scott's reply and intend only to suppliment it.

The case is a Florida Case. You need a Florida Attorney.

The warrant isn't going to be much of a problem outside of Florida since the State of Florida will not want to pay to fly you back to Florida for a matter this trivial.

They may or may not have tried you in abstenia in Florida. That is a matter of public record. And any one should be able to have the clerk pull the file in Florida.

Trial in abstenia isn't that unusual. I've defended a couple here in California several years ago. So you may or may not have been tried.

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Answered on 5/28/01, 7:02 am


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