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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19671
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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Grand Larceny Statue of Limitations.

Resolved Question:

What is the statute of limitations for grand larceny in the state of Florida?

Submitted: 5 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 5 years ago.

It really depends on how the Larceny is charged and what the underlying facts are. The Statute of Limitations will either be 3 years or 5 years. Below ae the types of crimes that could involve Larceny:

* General felonies not mentioned elsewhere in statute: 3 years
* Violation of securities transaction: 5 years
* Any offense which fraud or breach of fiduciary obligation is a material element: 3 years

Customer: replied 5 years ago.

To be more specific, the charge was grand larceny under $5000. There was a plea bargain of 1 year in a halfway house; however, I decided to return to Canada as I am a Canadian citizen. The incident took place 33 years ago in Florida. I would like to know if the statute of limitations has run its course.

Expert:  Marsha411JD replied 5 years ago.

No, the Statute of Limitations tolls for the period that the defendant is absent from the jurisdiction through their own actions. So, the period of time that you were away from Florida, is deducted from the counting of time for Statute of Limitation purposes.

Customer: replied 5 years ago.

Therefore I am presuming that the state of Florida continues to have an out-standing warrant for my arrest. True?

Expert:  Marsha411JD replied 5 years ago.
I can't say for sure, but if you failed to show, then yes, it is highly likely that there is an outstanding warrant on the books. A warrant doesn't have an expiration period.
Customer: replied 5 years ago.

If there is no expiration on an out-standing warrant that is 33 years old, might there be a radius on the warrant say 100 miles or so?

Expert:  Marsha411JD replied 5 years ago.

I'm not sure what you mean by a radius, but if a warrant is issued in the State of Florida, then it applies everywhere. The reality is that unless you are arrested in Florida though, you would have to be extradited from wherever you are back to Florida for the charges to be pursued. Often, because of the expense and perhaps the crime and age of the crime, a jurisdiction will not choose to pursue extradition.

Customer: replied 5 years ago.

The question that has probably been answered already is if I were to enter the U.S.A. would I be turned back by customs at the border?

Expert:  Marsha411JD replied 5 years ago.

The Border Patrol will run a background check; if you have an outstanding warrant then you will be turned back or held while they contact Florida authorities to see if they want to seek extradition. That is very unlikely.

Customer: replied 5 years ago.

What would you suggest that I do, to clear my record of the situation as it stands now?

Expert:  Marsha411JD replied 5 years ago.
You may want to either call the Sheriff's Office in the county where you were being charged to see if they have an active warrant for you. If you don't feel comfortable making the call, then you may want to contact a criminal defense attorney who practices in that county to see if they will make the inquiries on your behalf. That way, if there is still an outstanding warrant, they will be in a position to help you resolve it. If there isn't one, then you are in the clear.
Customer: replied 5 years ago.

I would call the Sheriff's Office in Dade County Florida to see if there was an out-standing warrant. Could you possibly send me the phone number?

Expert:  Marsha411JD replied 5 years ago.
This is their general number that I found online: 706-657-DADE (3233)

That should get you to the right place. I don't work in Dade County so I don't have any better information then you can find online.
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