Criminal Defense

Warrants and Arrests in Florida

An arrest warrant in Florida is a serious legal matter that can result in immediate detention and long-term consequences. Under Florida Statute § 901.02, an arrest warrant is issued when law enforcement presents sufficient evidence to a judge, showing probable cause that a crime has been committed. If an arrest warrant has been issued against you, it’s essential to act quickly to protect your rights and avoid additional legal penalties.

At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand how stressful facing an arrest warrant can be. Our experienced legal team is here to help you address the situation, resolve outstanding warrants, and build a defense strategy tailored to your case. Contact us today to discuss your legal options.

What Is an Arrest Warrant in Florida?

Under Florida Statute § 901.02, an arrest warrant authorizes law enforcement to take an individual into custody based on probable cause that they have committed a crime. A judge or magistrate must issue the warrant, typically including details such as the suspect’s name, alleged offense, and arrest conditions.

Warrants are typically issued for:

  1. Failure to appear in court: Missing a scheduled court appearance can lead to an automatic warrant issuance.
  2. Ongoing criminal investigations: Law enforcement may obtain a warrant after gathering sufficient evidence linking an individual to a crime.
  3. Violation of probation or parole: Failing to comply with court-imposed conditions can result in an arrest warrant being issued.

Once issued, a warrant allows officers to arrest you at any time, whether at home, work, or during routine interactions such as traffic stops. Arrest warrants can also complicate background checks and employment opportunities until they are resolved. If you suspect there is an active warrant against you, seeking legal counsel is crucial to addressing it proactively.

What Happens If You Fail to Appear in Court?

Failing to appear in court as required can result in a bench warrant, which authorizes law enforcement to arrest you and bring you before the court. In addition to issuing a warrant, the court may view your absence as a sign of disregard for legal proceedings, which can negatively impact your case.

Consequences of failing to appear include:

  • Additional criminal charges: Depending on the original charge, failing to appear could result in misdemeanor or felony charges.
  • Suspension of your driver’s license: The court may notify the Department of Motor Vehicles, leading to a suspension.
  • Increased bail amounts or denial of bail: A judge may impose stricter bail conditions or revoke bail entirely, making it more difficult to secure release.
  • Potential jail time upon arrest: Missing court dates often leads to immediate detention until the next hearing.

If you have missed a court date, it’s crucial to take immediate action to avoid escalation of penalties. Seeking legal representation can help you navigate your options, such as requesting a new court date or explaining the circumstances surrounding your absence.

How to Resolve a Bench Warrant

Ignoring a bench warrant can worsen matters, but there are options to resolve it without facing immediate arrest. Courts may be more lenient if you voluntarily take steps to address the situation rather than waiting for law enforcement to intervene.

Potential solutions include:

  1. Voluntary Appearance: Working with an attorney to present yourself to the court and explain the circumstances, which may lead to a more favorable outcome.
  2. Bond Posting: Paying the bond amount specified in the warrant to secure your release and avoid detention while awaiting a hearing.
  3. Motion to Quash: Your attorney may file a motion to dismiss the warrant if it was issued in error or if circumstances justify it, such as medical emergencies or lack of proper notice.
  4. Negotiation: Legal representation can help negotiate terms with the court to minimize penalties and prevent additional charges, such as agreeing to new conditions of release or probation terms.

At Metcalf Falls, our attorneys can help you resolve outstanding warrants with minimal disruption to your life. We work to protect your rights and present your case in the best possible light to the court.

How to Defend Against an Arrest Warrant

Having a defense strategy is critical if you’ve been issued an arrest warrant. A strategic approach can help reduce the potential consequences and sometimes prevent an arrest altogether. Our legal team may pursue the following defenses based on the specifics of your case:

  • Lack of Probable Cause: Challenging the evidence used to issue the warrant by proving that law enforcement lacked sufficient justification to obtain it. It could be invalidated if the warrant was issued based on weak or false evidence.
  • Violation of Rights: Examining if law enforcement violated your constitutional rights during the investigation, such as unlawful searches or lack of due process. Any violations could lead to suppression of evidence or dismissal of the warrant.
  • Negotiated Surrender: Working to arrange terms that prevent unnecessary detention, such as agreeing to appear voluntarily for future court dates or complying with alternative conditions.
  • Expungement or Dismissal: In some cases, we may be able to have the charges dropped or expunged from your record, particularly if the allegations are unsubstantiated or the warrant was improperly issued.

Facing an arrest warrant can be overwhelming, but with the right legal support, you can explore options to defend yourself and protect your future. Our experienced attorneys will guide you through the legal process and work to achieve the best possible resolution.

FAQs About Arrest Warrants in Florida

How do I know if I have an outstanding warrant?

You can check for an outstanding warrant by contacting local law enforcement agencies or searching online databases provided by the county or state. However, doing so may alert authorities to your location, which could result in an unexpected arrest. To avoid this risk, it’s best to consult a criminal defense attorney who can discreetly verify the warrant and guide you on the next steps.

Can I be arrested without a warrant?

Yes, law enforcement can arrest you without a warrant if they witness you committing a crime or have probable cause to believe that you have committed a serious offense. In such cases, officers have the authority to detain you immediately without prior court approval.

What should I do if I have a bench warrant?

If you have a bench warrant, you should contact a criminal defense attorney as soon as possible to address the issue proactively. Ignoring the warrant can result in arrest at any time, including during routine traffic stops, at home, or at work.

Can a warrant be issued without my knowledge?

Yes, an arrest warrant can be issued without your knowledge, often resulting from an investigation, missed court appearance, or unintentional legal oversight. Many people only discover a warrant exists when they are pulled over for a traffic violation or undergo a background check. It’s important to regularly check your legal status and address any potential warrants with the help of an attorney.

How long does an arrest warrant stay active?

Arrest warrants do not expire and remain active until they are resolved by law enforcement or the court. This means you can be arrested at any time, even years after the warrant was issued.

Why Work with Our Florida Warrants and Arrests Defense Attorneys?

Facing an arrest or learning about an active warrant in your name can be overwhelming. It’s crucial to work with an experienced defense attorney to protect your rights and navigate the legal process. Brett Metcalf is committed to helping you challenge unlawful warrants, address outstanding ones, and minimize the impact of an arrest on your life.

A warrant or arrest can result in immediate consequences, including time in custody, damage to your reputation, and complications with your job, family, and finances. Brett’s extensive knowledge of Florida’s legal system enables him to act swiftly, whether negotiating surrender terms, fighting to quash a warrant, or crafting a strong defense to challenge the charges that led to the arrest.

As a former prosecutor at the State Attorney’s Office, Brett understands how warrants are issued and how arrests are executed. This insight allows him to anticipate the prosecution’s strategies and advocate effectively for his clients.

Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.

Protect Your Rights – Contact Us Today

If you’re facing an arrest warrant or have missed a court date, time is critical. At Metcalf Falls, Criminal Defense Attorneys, P.A., we are here to provide the legal support you need.

Call us at (813) 981-7005 or fill out our online form for a confidential consultation. Let us help you resolve your legal issues and move forward with confidence.

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