“The Lazy Prosecutor’s Loophole”: Why Moving Out of State Might Ruin Your Statute of Limitations Defense

By: John Guidry

There are several common themes we defense attorneys hear from people unfamiliar with the criminal justice system.

• Myth #1: “The cops didn’t read me my rights, so the case must be dismissed.” (False. They only need to read them if they interrogate you in custody).
• Myth #2: “It’s been years! The Statute of Limitations must have run out!”

That second one is our topic today. If the suspect isn’t caught “in the act” and is arrested months or years later, most people assume their case must be thrown out.

• The Reality: The government has a sneaky “Pause Button” called Tolling.

Did you get arrested on a warrant from years ago?

The State has deadlines. Call John today at (407) 423-1117.

The Basics: The Clock is Ticking (Usually)

Florida law imposes a deadline on prosecutors to begin their case.

• Felonies (2nd/3rd Degree): 3 Years.
• Misdemeanors (1st Degree): 2 Years.
• Misdemeanors (2nd Degree): 1 Year.

When does the clock stop? Usually, the clock stops when the “Prosecution is Commenced.” This typically means when the State files charges AND executes the arrest warrant “without unreasonable delay.”

The “Unreasonable Delay” Problem: The government is supposed to find you and arrest you. If they sit on a warrant for 5 years while you are living openly in Orlando, the case gets dismissed because they were lazy (“Unreasonable Delay”).

• The Logic: You shouldn’t have to look over your shoulder forever just because the Sheriff’s Office is understaffed.

The Loophole: Robinson v. State

But what happens if the government is lazy, BUT you happened to move out of state? They get a free pass.

In Robinson v. State, 153 So. 3d 313 (Fla. 1st DCA 2014), Robinson was not arrested within the three-year statute of limitations.

• The Defense: He argued that the State made zero effort to find him. They didn’t look for him, didn’t call him, didn’t do a background check. Because they were lazy, he argued the case should be dismissed.
• The State’s Excuse: “He moved to Georgia.”

The Ruling: The Court ruled against Robinson. They cited Florida Statute 775.15(5), which says the clock “Does Not Run” during any time the defendant is continuously absent from the state.

• The Kicker: The Court ruled that if you are out of state, the State does NOT have to prove they looked for you. They don’t have to lift a finger. The mere fact that you were gone pauses the clock automatically.

The “Cap”: There is one small mercy. The statute says this “Tolling” generally cannot extend the deadline by more than 3 Years. So, they get the original 3 years + 3 “Out of State” years = 6 Years total for most felonies.

John’s 2026 Update: The Digital Breadcrumbs

Note: In 2014, Robinson lost because he was physically gone. In 2026, we use technology to prove they should have found you.

1. The “Digital Diligence” Argument In Robinson, the State didn’t have to look. But in 2026, finding someone is instantaneous.

• The Argument: Even if you were out of state, if you updated your address with the DMV, paid taxes, or appeared in national databases, we argue that the State’s failure to serve the warrant wasn’t just “laziness”—it was Gross Negligence.
• The Strategy: We use your “Digital Breadcrumbs” (credit reports, utility bills, ALPR hits) to show the Judge: “Your Honor, he wasn’t hiding. He was living his life. The State simply forgot about him.”

2. Automated License Plate Readers (ALPRs) If you moved out of state but drove back to Florida to visit Disney World, ALPR cameras likely scanned your tag.

• The Defense: If the State claims you were “Continuously Absent,” but we have ALPR data showing your car in Florida ten times a year, we can break the “Continuous Absence” tolling. Once we prove you were here, the Robinson loophole closes, and the duty to search for you comes back.

3. Remote Work & “Place of Abode” The statute also pauses the clock if you have “no reasonably ascertainable place of abode or work.”

• The 2026 Reality: With remote work, many people live in Florida but work for companies in New York. The State often claims they couldn’t find your employer. We use W-2s and remote work contracts to prove your “Place of Work” was right here in your living room, meaning they could have found you.

Don’t Wait for the Knock

If you have an old warrant, do not assume it has “expired.” If you have been living out of state, the clock has likely been paused the entire time. The only way to stop it is to hire a lawyer, recall the warrant, and fight the delay in court.

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.