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Would this be considered "Due Process"?


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#1 rockysangel

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Posted 03 December 2012 - 11:22 AM

My fiance was arrested on 9/3/2012 as of today 12/3/2012 his charges, court dates, and docket information is still not showing on public records on the Clerk of courts website in Polk County florida.How do I find out if he was Formally charged and if his charges was formerly filed with the clerk of courts? If im correct dont they have so ,much time to file his charges with the clerk of courts and if they havent what can i do about this? Is this "Due Process?
*Rockys~Angel~Wifey*

#2 Guest_FindLaw_Amir_*

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Posted 03 December 2012 - 11:32 AM

What was your fiance arrested for? You may be interested in reading the Florida Statute: 775.15 Time limitations; general time limitations; exceptions as a good resource. For further clarification, you may wish to consult with a local Florida Criminal Defense Lawyer.

#3 Tax_Counsel

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Posted 03 December 2012 - 04:52 PM

How do I find out if he was Formally charged and if his charges was formerly filed with the clerk of courts?


Go to the court and ask the clerk if there is any criminal case pending for your fiancé.


If im correct dont they have so ,much time to file his charges with the clerk of courts and if they havent what can i do about this?


The state must charge him within the time set by statute. The time starts on the date the alleged crime is committed. These statutes are known as statutes of limitation. But understand that typically for charges other than very minor infractions the time the state has is generally measured in years. If the alleged crime was committed in September when he was arrested, the state likely still has a lot of time to file any charges.

#4 pg1067

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Posted 03 December 2012 - 08:03 PM

How do I find out if he was Formally charged and if his charges was formerly filed with the clerk of courts?


If a search at the court's web site turns up no case, it is probably reasonable to assume that the state's attorney has not filed charges. However, you obviously could visit the court clerk's office and contact the state's attorney.


If im correct dont they have so ,much time to file his charges with the clerk of courts


Yes. Charges must be filed before the expiration of the applicable statute(s) of limitations. There is no crime for which the statute of limitations is as short as three months/90 days.


if they havent what can i do about this?


This has nothing to do with you (at least not as far as your post indicates), so there is no action you can take. Are you in a hurry to have your fiance prosecuted for his alleged crime(s)?


Is this "Due Process?


I'm not sure what "this" refers to, but nothing in your post suggests any sort of due process issue.

#5 Legal_Balla

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Posted 08 December 2012 - 03:38 PM

Due process generally means a person has the right to notice and hearing. These rights encompass many additional substantive rights like the opportunity to cross-examine witnesses and to present a defense. In your case the state has the right to bring official charges anytime within the state statute of limitations. However,only a qualified criminal defense attorney in your state can tell you for sure. I recommend hiring one immediately. Good luck.




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