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Avoiding an Arrest Warrant

The criminal courts have jurisdiction to issue a bench warrant, also called a capias, on any individual charged with a crime.

The court may issue a bench warrant for transgressions committed during or after the already existing criminal case. Be sure to follow all court-ordered directions throughout your criminal case to avoid the issuance of a bench warrant. These simple duties can include attending your pre-trial dates, paying fines due in a timely manner, and completing your assigned community service obligations. If you are unable to attend a pre-trial date or meet any of your obligations, make sure your attorney informs the court in advance of the court date or deadline. Weak excuses such as forgetting the date are frowned upon by the court.

An arrest warrant is issued because a new crime has been reported to the Office of the State Attorney and they have chosen to file formal charges. If this occurs the court will issue a bench warrant so the accused is brought before the court to face the charges. An arrest warrant is also issued resulting from any violation of probation reported to the court. This is initiated by the probation officer. Finally, the courts in some jurisdictions issue bench warrants if a person fails to appear for court to address the outstanding court fines.

The judge issuing the capias also sets the bond. The judge is not required to give a bond and often times they refuse to give a bond and specifically state that “No Bond” will be given. If this happens the person arrested will have to go before the judge issuing the capias before the bond amount will be reduced. Judges typically will not reduce a bond amount issued by another judge.

If you are unsure whether there is a warrant out for your arrest, you may look up your case information and check the online public records database to determine if there is a warrant. If there is an arrest warrant outstanding you should always turn yourself in the local jail, but some clients prefer retaining an experienced criminal defense attorney to initiate a court date and ask the judge to withdraw the warrant or capias through a Motion to Withdraw the Warrant or Capias. The courts will likely, but not always, perceive you as taking your case seriously and will remove the warrant. If the judge withdraws the capias you will be free to leave court at the conclusion of the court appearance.

If the judge executes the capias you will be arrested in the courtroom and taken to the county jail for booking. If you choose to turn yourself in to the county jail without a court date you will go through the arrest and booking process at the jail. Depending on your situation you will proceed to the first appearance calendar with the judge.

Please contact Pinellas criminal defense attorneys at Rooth Law Group today for a free consultation if you need representation for your outstanding warrant/criminal charge.

The Rooth Law Group represents clients throughout West Central Florida, including:
Pinellas County: St. Petersburg, Clearwater, Gulfport, Largo, Pinellas Park, Indian Rocks Beach, Kenneth City, Madeira Beach, Seminole, Redington Beach, Oldsmar, Tarpon Springs, Odessa, Safety Harbor, Holiday, Spring Hill, Hudson, Zephyrhills, Dunedin, Belleair Bluffs, Belleair Beach, Palm Harbor, Treasure Island, Indian Shores, Tierra Verde, Bay Pines, Belleair Shore, South Pasadena, Crystal Beach, Pasadena.

Hillsborough County: Tampa, Apollo Beach, Brandon, Carrollwood, Dover, Gibsonton, Lithia, Lutz, Northdale, Palma Ceia, Pebble Creek, Plant City, Riverview, Ruskin, Seffner, Sulphur Springs, Sun City, Temple Terrace, Thonotosassa, Town n' County, Valrico, West Chase, Wimauma, Ybor City.

Pasco County: New Port Richey, Dade City, Gulf Harbors, Hudson, Land O' Lakes, Odessa, Port Richey, Saint Leo, Shady Hills, Trinity, Wesley Chapel.

Manatee County: Bradenton, Anna Maria, Holmes Beach, Ellenton, Longbeach, Longboat Key, Manatee, Palmetto, Parrish, South Bradenton, West Bradenton, Whitfield, Whitney Beach.

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