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whats the statue of limitations in florida on a 3rd degree felony?

 
Anonymous Coward
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01/23/2008 12:05 AM
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whats the statue of limitations in florida on a 3rd degree felony?
help me!!
Anonymous Coward
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01/23/2008 07:05 AM
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Re: whats the statue of limitations in florida on a 3rd degree felony?
I'll tell you if you give me some weed.
Anonymous Coward
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01/23/2008 07:10 AM
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Re: whats the statue of limitations in florida on a 3rd degree felony?
help me!!
 Quoting: Anonymous Coward 360262


what did you do ? it may be no one would want to help you if you are a stupid person.

was it a violent or non-violent crime??
do the time
User ID: 353094
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01/23/2008 07:17 AM
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Re: whats the statue of limitations in florida on a 3rd degree felony?
d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.
[link to www.sodomy.org]

Art. 12.01. FELONIES. Sets forth the statute of limitations for certain offenses. Adds sexual assault under Section 22.011(a)(2), Penal Code, aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code, and indecency with a child under Section 21.11(a), Penal Code, to the offenses for which there is no statute of limitation. Provides that the statute of limitation for a kidnapping or burglary is five years from the date of the commission of the offense, except as provided by Subdivision (5). Provides that the statute of limitation is 20 years from the 18th birthday of the victim for certain offenses, including sexual performance by a child, aggravated kidnapping if the defendant committed the offense with the intent to violate or abuse the victim sexually, or burglary, if the victim is younger than 17 at the time the offense is committed and the offense is committed with the intent to violate or abuse the victim sexually. Deletes existing text relating to a statute of limitation of 10 years from the 18th birthday of the victim of the offense and offenses relating to indecency with a child or aggravated sexual assault.

Believe it or not the SOL for an offense involving fraud is technically the same for another corresponding grade of offense. Example is Food Stamp Fraud a felony of the third degree. The SOL for third degree felonies is three years from the date of the offense and this is the SOL for Food Stamp Fraud. However Section 775.15(3)(a) Florida Statutes provides that for an offense for which fraud is a material element the SOL can be extended up to three more years for a total period of six years. In order to take advantage of this provision the victim must become aware of the fraud after the expiration of the initial three years but before the expiration of the maximum of six years. Once the victim becomes aware of the fraud the State only has one year from the date the victim discovered the fraud to commence prosecution. While a slightly different issue to commence prosecution the State must file the information within the applicable SOL (or if fraud within one year of the victim becoming aware). Additionally filing the information alone is not enough the State must also be diligent in trying to serve the Defendant with the Information. If the Defendant is not served during the initial SOL or during the fraud tolling period then the Defendant would be entitled to dismissal unless the State could show good reason why they could not serve the Defendant. One final caveat general Theft charges such as petit grand theft auto etc are governed by a separate SOL and it is five years. See Section 812.035(10) Florida Statutes.
Anonymous Coward
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04/16/2008 07:57 AM
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Re: whats the statue of limitations in florida on a 3rd degree felony?
help me!!


what did you do ? it may be no one would want to help you if you are a stupid person.

was it a violent or non-violent crime??
 Quoting: Anonymous Coward 353094
w1lw1l
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10/21/2009 02:16 PM
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Re: whats the statue of limitations in florida on a 3rd degree felony?
Florida Criminal Statute of Limitations Laws

Code Section 775.15

Felonies Felony that resulted in death: none; perjury in official proceeding that relates to prosecution of a capitol felony: none; Capital or life felony: none; 1st degree felony and 2nd degree felony for abuse or neglect of aged or disabled adult: 5 yrs.; others: 3 yrs.; other felony, violation of securities transaction: 5 yrs.; violation of environmental control: 5 yrs. of date of discovery; any offense which fraud or breach of fiduciary obligation is a material element: 3 yrs.; misconduct in public office: within 2 yrs. of leaving office or any above limit, whichever is greater; sexual offenses (battery, assault, intercourse under age 18): begins running at age 16 or when violation is reported, whichever is earlier.


MisdemeanorsOther 1st degree misdemeanors: 2 yrs.; 2nd degree and noncriminal violations: 1 yr.

Acts During Which Statute Does Not Run Continually absent from state, no reasonably ascertainable work or abode in state: maximum extension 3 yrs.

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