Case Number 09-XXXXXXCF10A
Facts: The defendant was charged with Unemployment Compensation Fraud which allegedly occurred over a two month period of time in 2006. The Office of the State Attorney filed a criminal information and issued a summons in April 2009. The summons and not-in-custody capias was not served until July 28, 2011 when the defendant was stopped for an unrelated traffic matter.
Unemployment Compensation Fraud is statutorily regulated by Fla. Stat. 443.071(1) and deemed to be a Felony of the third degree. Pursuant to F.S. 775.15 there is a three year statute of limitation for the charge.
Mr. Sobel filed a Motion to Dismiss citing a Statute of Limitations Defense. The motion argued that a prosecution on a charge on which the defendant has not previously been arrested or served with a summons is commenced when either an indictment or information is filed, provided the capias, summons, or other process issued on such indictment or information is executed without unreasonable delay. In determining what is reasonable, inability to locate the defendant after diligent search or the defendant's absence from the state shall be considered. [emphasis added]
Through extensive work, Mr. Sobel was able to show that the defendant has continually resided in Broward County from the time of the alleged criminal activity until the present date. Further, any time the defendant moved residences within the county the defendant updated his address with the Department of Highway Safety and Motor Vehicles. This is further evidenced by the fact that at the time of his arrest, a copy of the defendant's driver’s license with his current address was made and included in the discovery submission by the Office of the State Attorney.
Outcome: The Office of the State Attorney conceded to the Motion to Dismiss and voluntarily dismissed the charges without the necessity of a hearing.