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Last Modified on Mar 15, 2026
You may think you have time to deal with criminal allegations later if you have not been arrested. However, there are several reasons why you should never wait to hire a Florida criminal defense lawyer if you suspect you are under investigation or may face criminal charges. Waiting too long to contact an attorney can harm your ability to defend against criminal charges. An attorney can begin protecting your rights the moment you contact them.
Understanding the Statute of Limitations in Florida
The statute of limitations is the period during which prosecutors must file formal charges against a person accused of a crime. If they do not file charges before the statute of limitations expires, they can no longer pursue charges against the individual for that crime.
In Florida, statutes of limitations for criminal offenses are set forth in Florida Statute § 775.15. Depending on the circumstances, prosecutors must file charges within:
- Two years for misdemeanor offenses
- Three years for most third-degree felonies
- Longer periods of time for serious felonies
Certain crimes, however, may carry no statute of limitations. Even if prosecutors have not filed charges against you, that does not mean they are not investigating your alleged involvement in a crime. For this reason, waiting until after charges have been filed to hire an attorney may make it more difficult to defend against the charges.
With the overall crime index falling by 5.0% to 687,234 incidents, Florida’s 2025 crime statistics show promising progress in lowering both violent and property crimes. The overall number of violent crimes has decreased by 4.9% to 89,567, with homicides showing the biggest reduction at a 15.2% drop to 1,234 instances.
Evidence Over Time
As time passes, evidence may be lost. This can work negatively for your defense. Preservation of evidence is often critical to defending against criminal charges. Digital video recordings from surveillance cameras are frequently erased within days or weeks. Phone records, text messages, and GPS location histories can also be lost if not preserved.
The memories of witnesses can fade or change over time. Defense attorneys can speak with witnesses early on to discover what they know. In some cases, witnesses forget information that could help your case by explaining what happened. Reaching out to a Florida criminal defense lawyer immediately lets them start looking into the situation and gathering evidence.
Investigations Before an Arrest
Law enforcement can begin investigating long before you are arrested. Interviews with witnesses can take place months before charges are filed. Digital records and credit transactions can be obtained and reviewed.
Prosecutors also have the authority to review police investigative files and determine whether formal charges are warranted under the powers granted to them by Florida Statute § 27.02. When this happens, you may not even know that you are being investigated.
An attorney can act on your behalf by speaking with investigators and protecting you from making statements that may harm your defense. In some cases, they can present information that could impact the prosecutor’s decision to file charges.
Hire a Criminal Defense Lawyer Right Away
When you hire a criminal defense lawyer at the Law Offices of Nellie L. King, P.A., your lawyer can begin to gather information and evidence to help build your defense. You also give your lawyer the chance to advise you on how to deal with investigators and avoid making statements that could harm your ability to defend yourself later on. In some cases, contacting an attorney early can prevent misunderstandings that could lead to criminal charges.
About the Law Offices of Nellie L. King, P.A.
The Law Offices of Nellie L. King, P.A., serves individuals charged with crimes in Florida. Criminal defense attorney Nellie L. King has prosecuted and defended thousands of criminal cases throughout her career. Attorney King is known for her dedication to her clients and her work within the criminal defense community.
If you are facing criminal charges in Palm Beach County, Florida, including at the Palm Beach County Courthouse, we can put our experience to work for you. We focus on protecting our clients’ rights and investigating all avenues of defense from the outset of your case.
FAQs
What Must Be Proven for a Successful Duress Defense?
For a successful duress defense, the defendant must have committed the crime they are charged with as the direct result of being threatened with serious bodily injury or death if they do not comply. An individual must also show that they had no opportunity to escape the situation they were forced into. The court must believe that the threats were real and present.
What Is the 10 Day Rule in Florida?
Florida criminal defendants can use the ten-day rule as grounds to request a dismissal or mistrial if the court takes too long to rule or file paperwork after arraignment or service. For instance, Florida Procedure generally requires all defenses or objections to be filed within ten days of service if a party wishes to preserve them.
What Crimes in Florida Have No Statute of Limitations?
Crimes in Florida that have no statute of limitations include capital felonies and life felonies. Prosecutors can file charges at any time for murder in the first degree, for example. As such, serious crimes can be prosecuted in Florida even decades after they were allegedly committed. An attorney can let you know the statute of limitations for anything you have been charged with.
What Is the Time Period for the Statute of Limitations in Florida?
The time period for the statute of limitations in Florida varies depending on the specific crime being alleged. Most misdemeanors have a statute of limitations of 2 years. The statute of limitations for most third-degree felonies is 3 years. The more serious felony charges have longer statutes of limitation.
Contact the Law Offices of Nellie L. King, P.A.
If you are charged with a crime in Florida, it is important to hire a criminal defense lawyer right away. A lawyer can help you advocate for your rights and your future right away. The Law Offices of Nellie L. King, P.A. can help you in the legal process. Contact us today for more information.
