Can They Arrest You 11 Years Later? (The Statute of Limitations Defense)

By: John Guidry

Imagine getting pulled over for a minor traffic violation in 2012, only to be arrested on a warrant for a crime allegedly committed in 2001.

This happens more often than you think. The State files charges, a warrant (capias) is issued, and then… nothing happens. The warrant sits in a computer system gathering dust for a decade.

Does the State have the right to come after you years after the Statute of Limitations has technically expired? Not if they were lazy.

Arrested on an old warrant?

The State may have waited too long. Call John today at (407) 423-1117.

The Rules of the Clock: Statute of Limitations

In Florida, the State has a specific amount of time to “commence” prosecution.

• 2nd Degree Felonies: 3 Years.
• 1st Degree Misdemeanors: 2 Years.

If the State does not start the prosecution within that window, the case is dead.

The “Commencement” Trick The State often argues that they did start the prosecution on time because they filed the “Information” (formal charges) before the deadline.

• Example: Crime happens in 2001. State files charges in 2003. They are within the 3-year limit.

However, filing the paper isn’t enough. Florida Statute 775.15(5)(b) says the prosecution is only “commenced” if the capias (arrest warrant) is executed without unreasonable delay.

The “Diligent Search” Requirement

If the State files charges but fails to arrest you for several years, they must prove that the delay was not “unreasonable.”

The Burden of Proof is on the State. They cannot just say, “Well, we put the warrant in the computer.” They must prove they made a diligent search to find you. As noted in State v. Mack, 637 So. 2d 18 (Fla. 4th DCA 1994), the State must check “obvious sources of information.”

The Diligent Search Checklist If the police failed to check these sources during the delay, the search was not diligent, and the case should be dismissed:

• Telephone books / City directories
• Driver’s license records (DMV)
• Property tax records
• Voter registration records
• Utility companies (Power, Water)
• The Probation Office
• School records
• Postal records (Forwarding addresses)

If you were living openly—paying bills, renewing your license, and voting—and the police still didn’t arrest you for 5, 8, or 10 years, the court will likely find the delay unreasonable.

Real-World Examples of unreasonable Delay

Courts have dismissed cases where the State failed to look hard enough:

• 4-Year Delay: Officer checked the address once and never followed up. (Chapman v. State)
• 3-Year Delay: Probation officer sent a letter but didn’t follow up when the defendant didn’t reply. (Wright v. State)
• 5-Year Delay: The State claimed the warrant was in the computer system, but made no active effort to serve it. (Newman v. State)

John’s Takeaways

• Don’t plead just because there is a warrant. Just because a warrant is active doesn’t mean it’s valid. If the date on the warrant is from years ago, we need to investigate what the police were doing during that time.
• Were you hiding? This defense works best if you were “hiding in plain sight”—living a normal life in Florida. If you fled the state or lived “off the grid,” the State might be able to excuse the delay.
• The Motion to Dismiss: We can file a specific motion (like the one above) arguing that the Statute of Limitations has expired because of the State’s lack of diligence.

Is Your “Old” Warrant Still Valid?

If you are dealing with a “Zombie Warrant” that has come back to life after years of silence, do not assume you are guilty. The State may have blown their deadline.

Call me at (407) 423-1117. Let’s check the timeline.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.