Criminal Law Questions? Ask a Criminal Lawyer.
What is the statute of limitations for grand larceny in the state of Florida?
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
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.
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.
Therefore I am presuming that the state of Florida continues to have an out-standing warrant for my arrest. True?
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?
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.
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?
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.
What would you suggest that I do, to clear my record of the situation as it stands now?
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?