Miami Warrants Lawyer, Alias Capias & Bench Warrant Attorney
If you or a loved one has a Florida warrant out for your arrest, it is critical to consult with an experienced Miami warrants lawyer as soon as possible to ensure that your rights are protected. You need the legal advice of a warrant attorney in Miami with years of experience dealing with bench warrants, alias capiases, misdemeanor warrants, and other types of arrest warrants. You need a knowledgeable experienced criminal defense attorney to guide you through the process and maximize your chances of resolving your warrant with a favorable outcome.
Different Types of Warrants
The purpose of a warrant is to allow law enforcement to execute or perform some act that has been authorized in writing by a judge. The authorization is usually to arrest an individual or to conduct a search. Although arrest warrants can be issued for various reasons, they all share one thing in common: a judge’s order to arrest a defendant and bring him or her before the court. Both arrest warrants and search warrants exist in both state and federal criminal cases.
Arrest Warrant
Although most felony state prosecutions begin with a law enforcement officer arresting the defendant based on probable cause that the person committed a crime, some cases begin with an arrest warrant. According to Florida Statute 901.02, this type of Florida arrest warrant can only be issued by a judge after reviewing a warrant application by a law enforcement officer. The police officer seeking the warrant submits the warrant application along with an affidavit laying out the facts the officer believes support a judge’s finding of probable cause for the criminal charges. If the judge believes the facts alleged in the affidavit constitute probable cause, he or she will sign off on the warrant giving the law enforcement officer the legal authority to execute the warrant by arresting the defendant and bringing him or her before the court. More specific details can be included in a warrant for an individual’s arrest, such as a specified date range during which the individual may be arrested, the bail amount required by law for releasing the individual from custody, and whether or not the individual must post bail to leave custody.
Alias Capias
Another type of felony arrest warrant, called an alias capias, can be issued in a few different ways. A judge can issue an alias capias for failure to appear when a defendant fails to meet his or her requirement to appear in court. The judge can also issue an alias capias for the defendant’s arrest for violating a condition(s) of pretrial release or bond. If the court has issued an alias capias warrant for your arrest because you failed to appear in court, a criminal defense lawyer may be able to place the case on the calendar and ask the judge to quash the warrant.
Under Florida law, the clerk’s office can also issue an alias capias for a defendant’s arrest when the State Attorney‘s Office files an information charging the defendant with a criminal offense, or the grand jury returns an indictment against the defendant.
Bench Warrant
A bench warrant is a warrant for failure to appear in court issued by a judge in a misdemeanor case. This type of warrant can have a bond amount set on the actual warrant, which enables the defendant to post bail without having to go in front of a judge. Most of the time, the person who failed to appear was already out on bail at the time of their non-appearance. Consequently, the judge usually sets a higher bail amount.
A judge can also issue a probation warrant for a violation of probation after a probation officer submits an affidavit of violation to the court alleging that the defendant has failed to comply with conditions of probation or community control. The judge also has the option of setting the matter for a court hearing instead of issuing a criminal warrant.
Extradition Warrant (Fugitive Warrant)
If a suspect flees from one jurisdiction to another after committing a crime, the original jurisdiction can request that the new jurisdiction extradite the suspect back to the original jurisdiction with an extradition warrant. This is sometimes referred to as a fugitive warrant. There are two types of extradition warrants. The first is when one state issues a warrant to another state to return a suspect to their state. The second type is international extradition—when one country is requesting the return of a suspect from another country.
Search Warrant
Another type of is a . Unlike other types of warrants, a is not an order to a specific person but rather an authorization required by the of the U.S. Constitution if police officers want to search a specific location for evidence of a .
As stated above, the warrants may have different names, but they all boil down to a judge’s order to have you arrested.
Common Questions About Arrest Warrants
Do arrest warrants expire?
The passing of time doesn’t automatically invalidate an arrest warrant, but sometimes a prosecutor can agree to recall an old warrant if they don’t have a realistic chance of proving the person committed the underlying crime. Other issues can also arise the older a warrant gets. Witnesses can disappear, or their memories can fade. Evidence can be lost, damaged, or otherwise contaminated. Sometimes, the statute of limitations can become an issue if a law enforcement agency does not arrest the person on the warrant within the time period the law requires. But arrest warrants don’t expire by themselves. An experienced criminal defense attorney can analyze the circumstances of your case to determine the best steps you should take to resolve your situation.
How do I find out if I have a warrant?
You can check the Florida Department of Law Enforcement (FDLE) website to see if you have a warrant. Also, some local police departments allow you to search for warrants on their websites. It’s also possible to check the online court docket for your case on the clerk’s office website to see if there’s an outstanding warrant for your arrest.
If you don’t want to go through the hassle of locating the arrest warrant yourself, then contact an experienced criminal defense attorney who specializes in helping people quash their warrants. Depending on the case, your attorney could file a motion to set aside the warrant so that you do not have to go to jail.
Are all arrest warrants public record?
No. While most warrants and capiases related to missed court appearances are public records, arrest warrants issued by a judge at the beginning of a criminal case generally are not. These records become public after the defendant is arrested.
Can I pay a warrant and skip going to jail?
No, but the options you may have will depend on the type of warrant issued. Most of the time, you will be required to surrender if there is a capias or warrant for your arrest related to a case you have never been arrested for. You will then go before a judge for your first appearance (also known as a “bond hearing”) when the judge will decide your bond and/or custody status. Some arrest warrants have predetermined bond amounts already set by the issuing judge. In federal court, this is known as an “initial appearance.”
If you have a warrant/capias for failing to appear in court, there are generally three scenarios. First, depending on the court, you may be required to simply surrender on the warrant. Later, the judge can entertain your lawyer’s motion to set bond. In some courts, like Miami-Dade County, it’s possible to file a motion to set aside (quash) the warrant without surrendering. At the hearing, the judge will decide whether to set aside the warrant or take you into custody. The third scenario relates to bench warrants issued in misdemeanor cases. In Miami-Dade County, when judges issue bench warrants for your failure to appear, they specify a bond amount on the warrant. If you surrender or are arrested on the bench warrant, you will be able to pay the bond and be released from jail without having to go in front of a judge.
Miami Warrant Resources
Miami-Dade Police Department Warrant Search – Miami-Dade Police Department records that have been selected for public access. Other records may exist; however, they have not been selected for public access.
Miami-Dade Police Department Warrants Bureau – The Warrants Bureau is responsible for serving felony warrants in Miami-Dade County issued by the local criminal justice system and all jurisdictions nationwide.
The Florida Crime Information Center Public Access System – Florida statewide database containing Florida warrant information as reported by law enforcement agencies throughout the state to the Florida Department of Law Enforcement (FDLE). Like the other publicly accessible databases, it only contains warrant information that is authorized for release to the public.
Contact an Experienced Miami Warrants Attorney
Over the years, we have represented hundreds of clients with outstanding criminal warrants. Don’t wait until you are arrested to deal with your active warrant. By then, it is too late—you will have already been arrested. It is human nature to procrastinate when faced with something that you don’t want to do or is otherwise unpleasant.
But procrastination and denial will invariably make the situation worse. You are much better off dealing with the problem head-on, thereby sparing you and your family the potential trauma and negative consequences that accompany a surprise arrest.
By taking the immediate action of hiring an experienced Miami warrants attorney to assist you with your outstanding arrest warrant, you are minimizing the chances that will end up in jail and that the warrant will negatively affect your relationship with the court and the ultimate outcome in your case.
for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.
*Due to the large number of people who contact our criminal defense law firm requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your outstanding warrant by filling out our confidential and secure intake form. The additional details you provide will greatly assist our law office in responding to your inquiry in a timely and appropriate manner.
THERE ARE THOUSANDS OF ATTORNEYS IN SOUTH FLORIDA. ALWAYS INVESTIGATE AN ATTORNEY’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A CRIMINAL LAWYER FOR A WARRANT IN MIAMI DADE COUNTY