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?
2 Answers from Attorneys
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
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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