Category: Defenses · Statute: F.S. 775.15 · Source: Florida Legislature
Understanding Statute of Limitations (Criminal) in Florida
In Florida, the criminal statute of limitations serves as a strict legal deadline for the state to initiate formal prosecution against a defendant. Governed by Section 775.15 of the Florida Statutes, these time limits are designed to ensure fairness by preventing the government from prosecuting individuals after evidence has grown stale, memories have faded, and witnesses have become unavailable. The clock generally begins to run the day after the alleged offense is committed, and the state must file an information, indictment, or other charging document within the specified statutory window to legally proceed with the case.
The severity of the charged offense dictates the length of the limitation period, ranging from one year for a second-degree misdemeanor to four years for a first-degree felony. However, Florida law provides certain exceptions that can pause or "toll" this clock. For example, if a suspect is continuously absent from the state or has no reasonably ascertainable home or work address within Florida, the statute of limitations may be tolled for up to an aggregate of three years. Because it is an affirmative defense, a defendant must actively raise a statute of limitations violation to have the time-barred charges dismissed by the court.
How the Statute of Limitations Impacts Florida Bail
If a defendant is arrested on a warrant for an offense where the statute of limitations has already expired, their defense attorney can immediately raise this issue during pretrial proceedings to secure release. While a standard bond may initially be set at first appearance, demonstrating that the prosecution is time-barred under Florida law provides powerful grounds for a motion to dismiss or a reduction to a non-monetary release, as the state cannot legally sustain a prosecution on expired charges.