Charged Outside of Statute of Limitations – Case Dismissed
Our client reached out to our office on a random Sunday regarding her fraud and grand theft charges. She let us know she was represented by another attorney and was not happy with her representation. After talking with her about her case, we were able to determine she had a statute of limitations defense. Meaning, it was past the deadline for the State to press charges against her for the alleged crimes. Amazingly, her prior attorney of record did not know about this defense and advised her to enter a plea, and hope to avoid a prison sentence. Needless to say, we were hired that day.
After becoming attorney of record, we prepared and filed a motion to dismiss, setting forward the statute of limitations for each offense. Food stamp fraud, in violation of §414.39(2) and (5)(b), Fla. Stat. (2018), is a third-degree felony and must be prosecuted “within 3 years after it is committed.” §775.15(2)(b). Third degree grand theft, in violation of §812.014, Fla. Stat. (2018), has a separate, special statute of limitations found in §812.035(10), and must be prosecuted “within 5 years after the cause of action accrues…”
Within our motion we pointed out that the State alleged our client committed food stamp fraud on or about August 18, 2018, and 3rd degree grand theft between August 1, 2018 and February 28, 2019. In Florida, fraud charges must be brought within 3 years of the offense being committed, and grand theft charges must be brought within 5 years of the offense being committed. The State, however, did not initiate charges until August 28, 2024, and she was arrested on October 14, 2024. This is well beyond the 3-year limitations period for a third-degree felony and well beyond the 5-year special limitations period for a third-degree grand theft. Consequently, the State has failed to commence its prosecution in this case within the applicable statute of limitations.
After filing the motion and serving a copy on the state, the charges were dismissed within two weeks. Our client was ecstatic and able to continue her profession as a nurse. This case clearly demonstrates that knowledge of law is vital to your clients. Had this client not sought us out, she would have been a two-time convicted felon and possibly sent to prison.
The Law Offices of Robert David Malove has 6 criminal attorneys’ with over 110 years of combined experience. If you or a loved one have been arrested for a crime you did not commit in Martin, St. Lucie, Palm Beach, Broward, Miami-Dade, Monroe, Lee, Sarasota, Charlotte or Hendy County, reach out to our office today to see how we may assist you.