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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27449
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husband was arrested with 7 charges on insurance fraud, 1

Customer Question

Hi There: my husband was arrested with 7 charges on insurance fraud, 1 charge on atempt to defraud and 1 racketeering. This is in the state of Florida. The cases are from 2011 and 2012. What is the statute of limitations for a case like his?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


It depends upon the level of the crime. For a first degree felony, the statute of limitations is four years after the commission of the crime. Otherwise, three years. However, certain circumstances toll the statute of limitations. If, for example, the defendant is continually absent from the state during that time, the statute of limitations will be extended up to three more years. Similarly, if the state can't find evidence that the defendant lives and works in the state, they can get an extension for up to three more years as well. Also, if the conduct is ongoing, the statute would start to run from the end of the last known incident.

I've answered you above referencing Florida state law. The Federal statute of limitations would be five years.

Customer: replied 1 year ago.
He is always been in the state. Usually what would be the bond amount on charges like these?
Expert:  Zoey_ JD replied 1 year ago.

That's hard to say. Florida doesn't have a uniform bond schedule, and even if there are local guidelines, the judge can ignore them at his discretion. A judge will look at a defendant's ties to the community, the nature of the charges and the defendant's criminal history, the facts and circumstances of the case and the strength of the State's case when making a bail determination.

I don't know how much money was alleged to have been misappropriated in the enumerated offenses. The more money involved, the higher the possible prison sentence and thus, the higher the bail. These are white collar crimes and racketeering is alleged. I'm not a Florida lawyer. In my neck of the woods, however, I'd expect bond to exceed $200,000.