It may seem like police officers can arrest you for almost anything, even for warrants issued years ago. You might be wondering if warrants ever expire or if the police can still arrest you for a crime from the distant past. Let’s explore the legality of arrests based on old warrants.
What is the Statute of Limitations for Various Criminal Offenses in Florida?
Criminal offenses are subject to a statute of limitations, which sets a time limit for initiating legal proceedings after an event occurs. Each type of crime carries its own time limit, but under Florida Statute 775.15, these limits are as follows:
- Capital felonies: No time limit.
- Life felonies: No time limit.
- Felonies that result in death: No time limit.
- Felonies that result in personal injury arising from “destructive devices”: 10 years
- Felonies involving several types of fraud: Five years
- Felonies involving elder abuse or neglect: Five years
- First-degree felonies: Four years
- Second- and third-degree felonies: Three years
- First-degree misdemeanors: Two years
- Second-degree misdemeanors: One year
- Non-Criminal violations: One year
Understanding warrants is crucial as they play a significant role in the legal framework, particularly in how arrest warrants are issued and executed within the state’s criminal justice system.
When it comes to the statute of limitations, the clock starts ticking the day after the alleged crime occurred. The case may remain valid from this date until the crime’s expiration date, as defined in Florida Statute 775.15.
How to Check for Outstanding Warrants
If you suspect there might be an outstanding warrant for your arrest, it’s essential to address the situation proactively to avoid unexpected complications. The following are methods by which to check for outstanding warrants:
Online Public Record Searches
Many counties offer public access systems online where individuals can search for outstanding warrants. These systems usually require the person’s full name and birth date. The Florida Department of Law Enforcement (FDLE) also provides a public records search that can include warrant information. Online public record searches can also reveal warrants related to probation violations.
Sheriff’s Office and Local Police Departments
Visiting or contacting your local sheriff’s office or police department is another way to find out if there is an active warrant in your name. A law enforcement officer can provide the most up-to-date information and has the authority to arrest suspects based on existing warrants. It’s advisable to call ahead and ask about the safest way to inquire about warrants to avoid being arrested on the spot if one is active.
Court Clerk’s Office
The Clerk of Court in the county where the warrant might have been issued can also be a valuable resource. Many Clerk’s Offices have online portals where public records can be searched. Alternatively, visiting the Clerk’s Office in person can yield results, though precautions similar to those of visiting a police department should be considered.
The Clerk’s Office often collaborates with the local law enforcement agency to manage and update warrant information.
Legal Representation
If you’re unsure how to proceed or worried about potential arrest, consulting with a criminal defense lawyer can provide peace of mind and confidentiality. An attorney can conduct searches on your behalf and offer legal advice on handling the discovery of an active warrant.
Ignoring an outstanding warrant won’t make it disappear and may only worsen your legal situation. Proactively resolving any warrants is crucial to managing the situation effectively.
What Happens If You Were Arrested for a Warrant After Its Expiration Date?
Although there is a statute of limitations for many crimes, that does not mean the police cannot arrest you for a crime after the statute’s time limit. However, if you were arrested after the statute of limitations for your charge, a criminal defense attorney may be able to file a motion to have the case dismissed.
A bench warrant is a type of warrant issued by a judge, often for failure to appear in court. This can have serious legal implications and differs from standard arrest warrants.
There are a few exceptions to the statute of limitations. Not only do serious felony warrants never expire, but reasonable delays can also extend a crime’s statute of limitations time limit. Should the prosecution team prove to the court that it had a valid reason for making an arrest after the expiration date, the court may still deem the arrest lawful.
Legal Options and Defenses for Those Arrested Under an Old Warrant
Facing arrest on an old or expired warrant can be overwhelming, but there are legal options and defenses available to address the situation effectively. Understanding your legal options is crucial for protecting your rights and potentially having the charges reduced or dismissed. A failure to appear in court results in a warrant being issued. Here are some key strategies:
Challenge the Validity of the Warrant
A defense attorney can scrutinize the warrant for any procedural errors or factual inaccuracies. If the warrant was issued based on incorrect information or if there were flaws in how the warrant was processed, it may be deemed invalid.
Argue the Statute of Limitations
If you were arrested for a crime after the statute of limitations has expired, this could be a strong defense. Criminal Defense Attorney Brian Gabriel will file a motion to dismiss the charges. It’s important to provide precise dates and evidence that the time limit for prosecuting the crime has indeed passed.
Prove Lack of Notice
In some cases, you might not have been aware of the warrant, especially if the notification process was flawed or if you moved addresses. If you prove you weren’t properly notified about the warrant or court proceedings, this may help get the case dismissed or penalties reduced.
Demonstrate Personal Reform
If a significant amount of time has passed since the alleged crime and your current circumstances have changed significantly, demonstrating personal reform might influence the court’s leniency. Showing evidence of a clean record, employment, community service, or family responsibilities can aid your case.
Negotiate a Plea Deal
Depending on the severity of the crime and the specific details of your case, negotiating a plea deal might be a viable option. This could involve pleading guilty to a less severe charge for a lighter sentence or other considerations.
Utilize Constitutional Defenses
Your attorney may also explore constitutional defenses, such as arguing that your right to a speedy trial was violated if there was an unreasonable delay in the arrest or prosecution after the issuance of the warrant.
A criminal defense attorney will navigate the legal process on your behalf, ensuring the best possible outcome in your situation.
Arrested for an Expired Warrant? Work with an Experienced Criminal Defense Attorney in Palm Beach County
Whether you have an outstanding arrest warrant or have been arrested for an expired warrant in Palm Beach County, The Law Office of Gabriel & Gabriel can help. Attorney Brian Gabriel has over 30 years of experience that he utilizes to create strong defense strategies for each of his clients. He will handle your case using all the knowledge and skills developed over the span of his career.
A blemish on your criminal record or status as a convicted felon can affect the rest of your life. Don’t allow your future and freedom to be put at risk without obtaining legal representation for your defense. Start with a free consultation today by calling (561) 622-5575. You can also complete an online contact form to learn more.