Warrants are issued by courts for two basic reasons: to authorize arrest or to sanction a search. If an investigation is circling around you, and you have heard rumors that an arrest or search warrant might soon be issued, it’s a good time to contact an experienced Florida warrants attorney. Representation by counsel means finding out whether a warrant has been issued, taking the shock out of a search, or surrendering rather than being arrested, especially at home in front of family and children or at the workplace in front of peers.
Choosing the right criminal defense attorney can make a difference. Here’s why Sando Law, P.A. servicing South Florida, including Martin, Palm Beach, Broward, Miami-Dade, or Monroe counties, should be your Florida defense lawyers.
Drew Sando is an experienced criminal defense attorney who intimately knows how the criminal system operates. He was a prosecutor, twice named “Best Prosecutor.” What that means to you is that Sando Law, P.A. understands the criminal justice process as well as all of the players—police and investigators, prosecutors, judges, and probation officers. Unlike other criminal defense offices, Sando Law, P.A. is a low-volume firm, affording each client our full attention and resources. The advice you get at Sando Law, P.A. is accurate, realistic, and trustworthy. We care about our clients and understand how important your case is to you and your family.
Why are Warrants Issued in Florida?
Warrants are issued for specific reasons: to authorize arrest, to authorize a search, when a probation violation has occurred, to compel attendance in court if you have failed to appear at a criminal hearing or in response to a criminal traffic ticket, or to compel payment of child support or other state authorized fines.
How Do You Know If There Is an Outstanding Warrant on You?
Fortunately, in Florida, you can check to see if a warrant has been issued for your arrest. Florida maintains the Florida Crime Information Center, which provides a searchable database. However, using the database is not a guarantee that there is no active warrant or that one will not be issued in the future. That’s why retaining a Florida warrants attorney to make inquiries on your behalf is essential to finding peace of mind.
What are the Different Types of Florida Warrants?
All warrants are issued by a judge granting authority to local law enforcement or other governing agencies to seize a person or property. Warrants can also be issued for out-of-county or out-of-state offenses. These are the most common forms of warrants.
Search Warrant: The Fourth Amendment protects us from illegal searches and seizures, requiring law enforcement to have both probable cause and a legal warrant to search your home, office, or property. A search warrant must specify the property to be searched, the documents or objects sought, and explain the underlying purpose of the search. A search warrant describes the evidence that law enforcement is looking for in support of a specific crime and criminal statute.
Arrest Warrant: An arrest warrant authorizes the arrest and detention of a named person along with specific allegations of criminal activity. Arrest warrants are usually issued when criminal activity did not occur in front of the police. If a crime is committed in plain view of police, no warrant needs to be issued; the police can arrest without one.
Warrant for Failure to Appear: If you fail to appear at a court hearing, the judge can issue a warrant for your arrest. If the underlying crime is a misdemeanor, then a bench warrant, or capias, will be issued. You can be arrested and held in custody until your next court date.
If the underlying crime is a felony, the judge can issue a warrant for your arrest or alias capias, which authorizes arrest and detention.
For juvenile offenders, a pickup order is issued, which authorizes arrest and detention.
Warrant for Failure to Pay: Many convictions include requirements that the defendant must pay fines, surcharges, assessment costs, or even incarceration costs as penalties for committing a crime. In addition to these fees, there is restitution, repaying the victim, or the impact of your crime. Failure to pay any of these fees or costs can result in a judge issuing a warrant for your arrest.
Warrant for Violation of Probation: Any violation of the terms of probation, such as missing an appointment with your probation officer, lapses in curfew, failing a drug test, missing a substance abuse treatment session, or associating with known criminals, has consequences, including a warrant for your arrest initiated by your probation officer and signed by a judge.
Child Support Arrest Warrant: Once you are compelled to pay child support to a former spouse or partner, failure to pay timely support can transform a family court matter into a criminal one. A judge can issue an arrest warrant for failure to pay child support or failure to appear at a child support hearing.
How Can You Resolve an Outstanding Warrant in Florida?
An experienced Florida warrants attorney can determine whether there is an outstanding arrest warrant and if there is, negotiate your surrender to avoid arrest. Ignoring the fact that there is an outstanding warrant can result in an embarrassing arrest, at home or at the workplace. Understanding the underlying nature of an arrest warrant can also help you line up resources if a bond is required for you to avoid custody and prepare for the complexities of criminal prosecution.
What Can an Experienced Warrant Attorney Do for You?
First, an experienced warrant attorney can determine whether there is a valid, current Florida arrest warrant and can learn the underlying allegations of a crime that led to the issuance of the warrant. The nature of the underlying crime will also determine whether there is a bond connected to the warrant. It takes time to gather the resources needed to keep you out of custody pending trial.
Based on the existence of the arrest warrant and the underlying crime, there might be appropriate legal motions to be filed to quash the arrest warrant or contest your connection to the underlying crime. Lastly, it might be in your best interests to surrender rather than wait for arrest when that arrest might take place at your home or workplace, causing trauma to your family or embarrassment in front of colleagues.
Contact Sando Law for a Free Case File Review
If you believe there is an outstanding warrant for your arrest in South Florida, including Martin, Palm Beach, Broward, Miami-Dade, or Monroe counties, contact Sando Law, P.A. for a free case file review. We will focus our experience, talent, and knowledge on providing you with a realistic evaluation of the state’s case against you, possible defenses, and options. Call 561-296-1665 or toll-free 833-SANDO-4U.