In a legal context, a Warrant is a writ, or a document, issued by a court that authorizes law enforcement to make an arrest, conduct a search or seizure, or otherwise act to do justice.
According to the Fourth Amendment to the U.S. Constitution, persons are protected against unreasonable searches and seizures by the government and "no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Suspicion alone is not enough to justify a warrant.
Warrants most often are either an Arrest Warrant (known as a Bench Warrant, or a Capias, in cases such as Failure to Appear in Court) or a Search Warrant. This article discusses Arrest Warrants issued in the greater Miami area in South Florida.
An Arrest Warrant is issued by a court, allowing the police to make an arrest and return you to court. A Bench Warrant is usually issued after a failure to appear in court for a scheduled court appearance or after a violation of probation or community control.
Click here to see if you have an outstanding warrant entered into the FCIC system maintained by the Florida Department of Law Enforcement (FDLE) - http://pas.fdle.state.fl.us/pas/restricted/PAS/person/WantedPersons.jsf
Attorney for a Warrant in Miami, FL
Don't wait for the police to come and knock on your door. Be pro-active.
If you are in the Miami area and you face an outstanding arrest warrant, if you are concerned that an arrest warrant has been issued or will be issued soon for you, or if you are facing extradition due to an arrest warrant from another state, then contact an experienced criminal defense lawyer today.
Hubbs Law assists clients with arrest warrants and clients who face extradition throughout the Miami area, including cities such as Hialeah, Miami Gardens, Miami Beach, North Miami, Tamiami, North Miami, South Miami, Pinecrest, Kendall and Homestead, as well as all other communities in Miami-Dade County. We can also help our clients avoid an arrest entirely by filing a motion to withdraw or set aside the arrest warrant when appropriate.
Our attorney, E.J. Hubbs, is a "Board Certified" attorney in the practice of criminal trial law, as designated by the Florida Bar. Board certification assures competency and experience within an area of law and professionalism and ethics in practice.
Call Hubbs Law now to schedule a meeting with our experienced and knowledgeable attorney. He may be able to intervene with legal authorities or the court to avoid an arrest at your home or workplace.
Call us today at (305) 665-9040
to address your warrant in a pro-active way.
Warrants in Miami, Florida
A warrant may have one of many origins, including:
- An Arrest Warrant obtained by a law enforcement officer or agency upon alleging probable cause after an investigation
- A Warrant filed directly by the Miami-Dade County State Attorney's Office alleging probable cause
- A Bench Warrant for Failure to Appear (FTA) in Court or Failure to Pay a Fine after a court date had been previously scheduled
- A Warrant for Violation of Probation (VOP)
- An "Out of County Warrant" (when a detainee is to be transported to another Florida county to face an outstanding charge in that county)
- An "Out of State Warrant" (also known as a "Fugitive from Justice Warrant")
Arrest warrants are issued in many types of cases when the suspect is not immediately available for arrest, including:
Regardless of the type of warrant, an arrest warrant with your name on it is a major cause for concern. Taking a pro-active approach is often the best way to resolve a warrant issue in the most favorable way.
Notice of the warrant might arrive in the mail from a bond company and allow for "self-arrest," in which case you can turn yourself in on the warrant. In other cases, hiring of an attorney as soon as you are aware of a potential arrest warrant issue may allow your attorney to negotiate your surrender instead of having the police search for you and arrest you wherever they find you.
For a warrant that results from a FTA or VOP situation in which a "Notice to Appear" was issued, you must appear before a judge in court before a bond amount will be set, so an attorney can provide important assistance in effecting your release as quickly as possible. If a bench warrant was issued, an attorney may be able to file a "Motion to Withdraw" the FTA or VOP capias, allowing you to reappear in court without arrest.
A qualified attorney may also be able to assist with an arrest warrant in other ways, such as:
- Determining if you actually have an outstanding warrant
- Determining the amount of the bond required for release or if the warrant is a "no-bond" warrant
- Determining whether to file a "Motion to Surrender" and the terms and method of surrender
- Determining whether to file other motions on your behalf
- Protecting your right against self-incrimination and representing you under the Fifth and Sixth Amendments to the U.S. Constitution
- Fighting for your release from custody by scheduling an emergency bond reduction hearing to petition the court for a reasonable bond amount or a release on recognizance (ROR, also known as a "signature bond")
- Examine your entire case, including the original charges that led to initial arrest
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Florida Statutes, Title XLVII, Chapter 901 — Arrests — Read the Florida laws related to arrests in Florida, including the following sections pertaining to warrants: §§ 901.02, Issuance of Arrest Warrants; 901.04, Direction and Execution of Warrants; 901.08, Issue of Warrant when Arrest Occurs in Another County; 901.15, When Arrest by Officer without Warrant is Lawful; 901.1503, When Notice to Appear by Officer without Warrant is Lawful; 901.16, Method of Arrest by Officer by a Warrant; and 901.17, Method of Arrest by Officer without Warrant.
Florida Crime Information Center (FCIC) Public Access System (PAS) — Online users can search the PAS site, provided by the FCIC, a division of the Florida Department of Law Enforcement (FDLE), to find basic information about wanted persons for whom warrants have been issued, as well as information about missing persons and stolen property. Most active warrants are listed, with the exception of the newest warrants and warrants not made available for public viewing.
Florida Department of Corrections — Visit the Florida Department of Corrections website for a list of most wanted "absconders" (fugitives from justice) with outstanding arrest warrants. The site contains a list of Florida cold case violent felons who are wanted for escape from a Florida prison or work release center over the past three decades.
Florida Department of Law Enforcement — FDLE and DOC Launch “12 Days of Fugitives” Reward Offered for Information Leading to Capture of 12 Cold Case Violent Prison Escapees. The campaign also encourages the public to notify law enforcement about any person in Florida wanted on a felony or misdemeanor warrant for their arrest.
Miami-Dade Police Department — Crime Information Center — Search the Warrants section of the MDPD Crime Information Center for information about warrants issued for specific individuals. Read more about the warrant unit of the Miami-Dade Police Department.
Find an Attorney for Warrants in Miami, Florida
If you are in the Miami area and are facing an outstanding arrest warrant or are concerned that a warrant has been or may soon be issued for you, or if you are facing extradition due to an arrest warrant from another state, then contact an experienced criminal defense lawyer today.
Pursuant to § 901.02, § 901.16 and Rules of Criminal Procedure: Rule 3.121, there are two categories of arrest warrants in Florida - the Criminal Warrant and the Warrant issued for a failure to appear in court. A criminal warrant for arrest is issued pursuant to a sworn affidavit and signed by a judge. The Warrant for failure to appear in court is issued by a judge for failure to appear in court. These warrants are called bench warrants in misdemeanor cases, alias capias warrants in felony cases, and pick-up orders in juvenile cases.
No matter what kind of warrant was issued in your case, Hubbs Law is dedicated to defending clients charged with criminal offenses or with outstanding warrants in Miami and throughout Miami-Dade County, including Miami Beach, Miami Gardens, North Miami, South Miami, Hialeah, Doral, and elsewhere in the county.
E.J. Hubbs understands the warrant process and can help to expedite that process. As your representative, Hubbs Law will do all that is possible to assist you in handling your legal issues and ease your warrant worries. Call Hubbs Law now at (305) 665-9040
to schedule a consultation with our board-certified attorney about your outstanding arrest warrant.
This article was last updated on Tuesday, June 13, 2017.