Persaud v. State
The Fourth District granted a writ of prohibition barring prosecution for public assistance fraud because the State failed to show it conducted a diligent search to locate the defendant before serving the capias, resulting in an unreasonable delay under section 775.15(4)(b). The court found the investigation was limited to two days, four years after the offense, used only two databases, failed to follow up on a known lead, and ignored several 'obvious sources' of information required under Mack and Matos.
Key facts
- Defendant Persaud was charged with public assistance fraud; the State obtained a capias for arrest approximately four years after the offense was committed.
- The trial court denied Persaud's motion to dismiss based on violation of the statute-of-limitations provision in section 775.15(4)(b), finding the State had conducted a diligent search before executing the capias.
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Why it matters
This opinion gives criminal defense practitioners a concrete, applied framework for challenging late-filed capias executions on statute-of-limitations grounds, reinforcing that police must exhaust 'obvious sources' and… — full analysis with a trial
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