Legal Question in Criminal Law in Florida

Statutes of limitations on felony

What would the statute of limitations be on a felony charge of drug trafficing in Florida? I was found to have a full prescription of 100 dilaudid in my car. I had no confidence in the court appointed attorny so I left the state before the trial date of June 26, 1997. A warrant was issued for not showing up. I believe the time limit to be 5 years on both counts. How can I be sure the warrants are no longer any good? I am afraid of being pulled over in my car and arrested on the back warrants. Is there any way for me to check online to find out? Will my questions or searching online come back on me so they can locate me? This is all giving me an ulcer. Thanks for any help. --name removed--


Asked on 10/24/02, 9:22 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Statutes of limitations on felony

Your best advice is to retain a FL attorney proficient in criminal law to investigate your circumstances with the FL court and advise you.

You are officially a fugitive. Statutes of limitations are stayed [on hold] for fugitives, so no matter how much time passes you are still in jeopardy under the warrant.

Find out from competent counsel what can be done and then plan to deal with it. Otherwise, your status will not change with the passage of time.

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Answered on 10/25/02, 5:12 am
Eric Dirga Eric J. Dirga, PA

Re: Statutes of limitations on felony

What would the statute of limitations be on a felony charge of

drug trafficing in Florida? THE SOL IS 4 YEARS ON A 1ST DEGREE FELONY AND 3 YEARS ON ALL OTHER FELONIES (EXCEPT THEFT CASES WHICH ARE 5 YEARS). I was found to have a full

prescription of 100 dilaudid in my car. DILAUDID IS NOT A CONTROLLED SUBSTANCE PER THE DRUG SCHEDULES - YOU MAY WANT TO MAKE SURE YOU ARE SPELLING IT RIGHT OR USING THE CORRECT TERM FOR THE DRUG. I had no confidence in

the court appointed attorny so I left the state before the trial

date of June 26, 1997. INTENTIONALLY LEAVING THE STATE WILL ALLOW FOR EXTRA TIME AND IT CAN BE INDEFINITE. THE SOL WORKS TO REQUIRE THE STATE TO CHARGE AN OFFENSE WITHIN A SPECIFIC PERIOD OF TIME - IT DOES NOT LIMIT THE TIME TO TAKE IT TO TRIAL BECAUSE YOU DECIDED TO RUN. IT SOUNDS LIKE YOU HAVE BEEN INFORMED OF THE CHARGES SO YOU MAY SIMPLY BE FOOLING YOURSELF TO THINK YOU ARE GOING TO GET THIS CASE DISMISSED SIMPLY BECAUSE YOU HAVE NOT BEEN CAUGHT. A warrant was issued for not showing up. IT IS CALLED A CAPIAS OR BENCH WARRANT.

I believe the time limit to be 5 years on both counts. How can

I be sure the warrants are no longer any good? YOU ARE BELIEVING "MOVIES" WAY TOO MUCH. ONCE ISSUED THEY DON'T GO BACK AND CHECK HOW FRESH THEY ARE. A JUDGE HAS TOO MANY OTHER THINGS TO WORRY ABOUT AND A FLEEING DEFENDANT HAS THE LEAST SYMPATHY. WHEN YOU ARE ARRESTED YOU WILL KNOW IF THEY ARE STILL GOOD. I am afraid of

being pulled over in my car and arrested on the back warrants. AS YOU SHOULD BE.

Is there any way for me to check online to find out? NOT THAT I KNOW OF - BUT CONSIDER THEM "GOOD." THEY WILL NOT MAGICALLY DISAPPEAR AFTER SO MUCH TIME HAS ELAPSED. THAT IS AN ARGUMENT FOR YOU ATTORNEY TO MAKE AFTER YOU HAVE BEEN ARRESTED, HELD IN JAIL, TRANSPORTED BACK TO FLORIDA, AND HAVE A COURT DATE SET. THAT CAN TAKE MONTHS. Will my

questions or searching online come back on me so they can locate

me? IN THIS DAY AND AGE I CANNOT TELL YOU NO. This is all giving me an ulcer. IF YOU HAD A PRESCRIPTION THEN YOU SHOULD GET A RECORD OF THAT AND BRING YOURSELF BACK TO FLORIDA AND TURN YOURSELF IN. HIRE AN ATTORNEY FIRST TO GET YOU BONDED OUT AS SOON AS POSSIBLE AND TO GET THE CASE DROPPED - IF, OF COURSE, THAT PRESCRIPTION EXISTS. Thanks for any help. --name

removed--

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Answered on 10/28/02, 5:14 pm


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