The statute of limitations for criminal cases refers to the time limit within which a person must present their case and initiate a legal process. If the prosecuting party does not present the case and begins the process within the specified time period, you will lose forever the right to prosecute that particular case.
Different states have interpretations about it. Also within each state, the restrictions differ considerably depending on the crime in question. In general, less violent crimes have a shorter statute of limitations, while more violent crimes have a longer time limit. There is no specific time restriction for some crimes.
Florida is one of the US states that has made special provisions for cases where DNA is used as evidence. In some cases, the statute of limitations can be suspended. A suspended clause gives the state more time to initiate legal proceedings.
Serious crimes
There is no statute of limitations for capital crimes or felonies that result in death. For a 1st degree felony, it is 4 years and for any other offense it is 3 years.
Minor offences
The statute of limitations for the first degree misdemeanor is 2 years and for the second degree misdemeanor it is 1 year.
Special provisions
In a crime case involving fraud or breach of a fiduciary obligation, the procedure must be initiated within 1 year after the crime was discovered up to a maximum of 3 years in extraordinary circumstances.
For certain sexual offenses against a victim under the age of 18, the statute of limitations begins when the victim turns 18 or when the rape is reported, whichever occurs sooner.
There is no specific mention for the crime of first or second degree sexual assault that is reported within 72 hours, in the first degree sexual assault crime where the victim is under the age of 18, any sexual assault where the victim is a minor age 16 and in perjury related to has a capital offense.
For lewd or lewd crimes and sexual assault, the time limit is one year after the identity of the accused has been established. This is done through DNA testing.
Toll provision
If the defendant is continuously absent from the state or does not have a reasonably determinable place to stay or work within the state, the statute of limitations is suspended for any period of time up to a maximum of 3 years.