Miami Arrest Warrants Attorney

Working to Resolve Court Orders in Fort Lauderdale

A warrant is a writ – a formal written order – from a judge. It authorizes law enforcement to perform some act in the name of justice, usually to make an arrest or conduct a search and seizure. Although arrest warrants can be issued for any number of reasons, one of the most common is because of people’s failure to appear for court dates.

Arrest warrants are shared by multiple law enforcement agencies and do not expire. There are only two ways an arrest warrant can be resolved: apprehension of the person named or recall by a judge. It is critical for anyone who knows that an active warrant is issued in their name take proactive steps to clear up the matter.

If any kind of warrant has been issued against you in Miami, Fort Lauderdale, or the surrounding areas, seek legal counsel immediately. At The Hoffman Firm, our attorney, Evan Hoffman, aggressively defends those facing serious legal actions and helps work toward a favorable outcome.

Schedule your free consultation right away by calling (305) 928-1669 for Miami. Call 954-737-3004 if you are in Broward County.

Types of Warrants in Florida

Generally, warrants are limited to authorizing either searches or arrests.

Types of warrants that could be issued against a person include:

• Arrest warrants: Florida Statute § 901.02(1) establishes that if a judge determines that probable cause exists for an arrest warrant, they can issue such an order. All of the following must apply when taking this action:
  • A complaint has been filed charging the commission of a misdemeanor only;
  • The summons issued to the alleged offender has been returned unserved; and
  • The conditions of Florida Statute § 901.02(1) are met

Arrest warrants may be the result of alleged violations of probation, criminal investigations, or direct file warrants. If a person has an active arrest warrant in their name, they may be able to resolve it without being apprehended. A criminal defense lawyer will review the order to determine if it’s valid and what the bond amount is. Depending on the situation, they can file a petition for withdrawal or negotiate terms of surrender with law enforcement.

• Bench warrants: This is usually issued after an alleged offender fails to appear (FTA) in court for a misdemeanor hearing date. Failure to appear for a felony proceeding results in the issuance of an alias capias.

If a person’s FTA was unavoidable or inadvertent, they might be able to file a petition for the withdrawal of their warrant. A Miami criminal defense attorney may be able to ask the court for a Release on Recognizance (ROR), which allows for immediate release without having to post bond.

• Search warrants: Under state and federal laws, people have the right to be free from unreasonable searches and seizures. This means that, typically, a warrant is needed before law enforcement can take action. Florida Statute § 933.18 further establishes that no search warrant shall authorize the search of any private dwelling used as such unless:
  • It is being used for the unlawful sale, possession, or manufacture of intoxicating liquor;
  • There is stolen or embezzled property inside
  • It is being used for gambling
  • It is being used for fraud schemes
  • A drug crime is being committed inside
  • There is a weapon or other instrument that has been used to commit a felony or other evidence of the commission of that felony is inside
  • A child abuse offense has been or is being committed there
  • It is being used for some business purpose
  • It is being used for the unlawful sale, possession, or purchase of wildlife, saltwater products, or freshwater fish
  • An animal cruelty offense is being committed inside
  • Evidence of sexual cyber harassment is inside