Does the date of termination for failure to prosecute begin on the date of the statue of limitations running out or is it the date when the ruling w

[Jewels2024]

What is the name of your state? Florida



Does the date of termination for failure to prosecute
begin on the date of the statue of limitations running out or is it the date when the ruling went in when the statue of limitations ran out

 

[quincy]

What is the name of your state? Florida



Does the date of termination for failure to prosecute
begin on the date of the statue of limitations running out or is it the date when the ruling went in when the statue of limitations ran out

Please keep all related questions in a single thread. This helps us help you better. Thank you.

Could you please clarify your question? If there is a failure to prosecute before the day the statute of limitations expires, the would-be defendant can use this expiration to dismiss an action if filed late.

 

[quincy]

Here is a link to Florida’s Rule 3.800(A), which you asked about in your other thread:

https://casetext.com/rule/florida-court-rules/florida-rules-of-criminal-procedure/sentence/rule-3800-correction-reduction-and-modification-of-sentences

Can you please tell us what your legal issue is that gives rise to your questions? Have you or someone you know been convicted and sentenced, and are you or someone you know now trying to get the sentence corrected, reduced, or modified?

 

[Taxing Matters]

Does the date of termination for failure to prosecute
begin on the date of the statue of limitations running out or is it the date when the ruling went in when the statue of limitations ran out

The statute of limitations (SOL) is a defense the accused may raise to seek to have the charges dismissed. The SOL for most crimes starts running on the day the crime is committed and terminates a set period of time after that, e.g. five years for most non violent federal criminal offenses (with a significant exception of six years tax felony offenses). There are events that can extend the time, like being outside the U.S. and, for state crimes, being outside the state. The date of termination does not depend on the date of any court ruling on it. It's just a clock that keeps ticking for the specified period of time. If the SOL has expired before the prosecution files the charges or the grand jury enters its indictment, the government is out of time to pursue it. If the government files late anyway, the defendant then moves to dismiss it.

 

[quincy]

To perhaps make it clearer: If there is a 2-year statute of limitations, the limitations period ends 2-years-and-one day after the cause of action arises - but waiting until the last day to file a legal action is risky.

 

[Taxing Matters]

To perhaps make it clearer: If there is a 2-year statute of limitations, the limitations period ends 2-years-and-one day after the cause of action arises - but waiting until the last day to file a legal action is risky.

Risky because it's pretty easy to miscount the day that it expires. I've seen pro se civil litigants who had good claims wait until the last minute make that mistake because they don't carefully read the rule explaining exactly how the days are counted for the civil SOL and end up filing their complaint one day late. That one day means they lose out and end up not getting a penny.

 

[quincy]

The idiom “a day late and a dollar short” comes to mind.

 

[Jewels2024]

Here is a link to Florida’s Rule 3.800(A), which you asked about in your other thread:

https://casetext.com/rule/florida-court-rules/florida-rules-of-criminal-procedure/sentence/rule-3800-correction-reduction-and-modification-of-sentences

Can you please tell us what your legal issue is that gives rise to your questions? Have you or someone you know been convicted and sentenced, and are you or someone you know now trying to get the sentence corrected, reduced, or modified?

For someone else, this specifically pertains to an illegal sentence in regards to a criminal case…The state failed to give this person a De Novo resentencing hearing. They used an out of state offense to enhance the current sentence without ever proving that the offense exist, or the date or prove if the fingerprints matched to the out of state offense… the real question is if they have a De Novo resentencing hearing would they be able to prove that they do not qualify for the habitual violent enhancement

 

[Just Blue]

For someone else, this specifically pertains to an illegal sentence in regards to a criminal case…The state failed to give this person a De Novo resentencing hearing. They used an out of state offense to enhance the current sentence without ever proving that the offense exist, or the date or prove if the fingerprints matched to the out of state offense… the real question is if they have a De Novo resentencing hearing would they be able to prove that they do not qualify for the habitual violent enhancement

Well...That would be a good question for the defendant to ask their attorney.

 

[quincy]

For someone else, this specifically pertains to an illegal sentence in regards to a criminal case…The state failed to give this person a De Novo resentencing hearing. They used an out of state offense to enhance the current sentence without ever proving that the offense exist, or the date or prove if the fingerprints matched to the out of state offense… the real question is if they have a De Novo resentencing hearing would they be able to prove that they do not qualify for the habitual violent enhancement

What is the status of the out-of-state offense? Did this person you are writing about get arrested, charged, and convicted in the other state?

I agree with Just Blue that the person should be getting all answers from his/her attorney. If, however, there was a prior criminal offense committed by this person, a prosecutor can request, and a judge can impose, an enhanced sentence.

 

[Taxing Matters]

If, however, there was a prior criminal offense committed by this person, a prosecutor can request, and a judge can impose, an enhanced sentence.

Agree. And to make it abundantly clear: that includes federal and out of state crimes.

 

[quincy]

It can also be important to note that the statute of limitations applies to how long someone has to file a legal action. If a civil action is filed or if a criminal offense is charged within the limitations period, it is a timely filing.

And, additionally, the statute of limitations does not prevent a legal action from being filed late. This would only allow for a defendant to use the expiration of the limitations period as a defense to a claim or charge and get the action dismissed on those grounds.