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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.
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 cyberharassment is inside
Do you know or believe that a warrant has been issued against you in Miami or Fort Lauderdale? Speak with our experienced attorney, Evan Hoffman, to learn more about how we can help you resolve it.
Florida Warrant Resources
Warrants Bureau | Miami-Dade County: The Warrants Bureau is responsible for serving felony warrants in Miami-Dade County issued by the local criminal justice system and all jurisdictions nationwide. On this website, you can learn more about the Bureau’s Felony Apprehension Squads, Extradition Unit, Career Criminal Section, and Headquarters Security Section. You can also find other online services and court services.
9105 NW 25th St. Doral, FL 33172 - (305) 471-1700
Miami-Dade Police Department (MDPD) Crime Information Center: Visit this website containing records from the Miami-Dade Police Department that have been selected for public access. You can search for alias capias, felony bench warrants, magistrate warrants, or juvenile warrants. The MDPD strongly recommends that you take no individual action with regard to any person listed in this site and that you contact your local law enforcement agency.
Arrest Search | Broward Sheriff's Office:Visit this section of the Broward Sheriff’s Office website to view the arrest information and photographs of currently incarcerated Broward County inmates using just first and last name information. The Florida Crime Information Center is a database containing Florida warrant information as reported to the Florida Department of Law Enforcement (FDLE) by law enforcement agencies throughout the state and authorized for release to the public. Additional information such as race, sex, and date of birth are required for searches on the FDLE website.
Broward Sheriff's Office
2601 W. Broward Blvd.
Fort Lauderdale, FL 33312
Scott v. State , 150 So. 3d 1273 (Fla. 4th DCA 2014) :Two officers were conducting surveillance on a residence for the purpose of executing an arrest warrant on a man by the name of R.Q. when they saw Richard Scott exit the house wearing a full-face motorcycle helmet. The officers approached Scott to determine whether he was the man they were looking for, and Scott attempted to provide them with information confirming his identity before going back inside and locking the door. Scott was later arrested after he attempted to flee, and he was charged with one count of resisting arrest without violence. The trial court denied his motion for judgment of acquittal that argued he “was in a consensual encounter with the officers and, therefore, had every right to end the encounter however and whenever he wanted.” The Fourth District Court of Appeal reversed the trial court’s decision, concluding that the Second District's decision in the “strikingly similar factual scenario” of Rios v. State, 975 So.2d 488, 491 (Fla. 2d DCA 2007) established “the mere fact that a person is at the residence associated with a suspect with a pending arrest warrant does not in itself justify an investigative stop.”
Contact an attorney immediately to ensure your freedom and escape legal penalties. Call (305) 928-1669 or fill out our online contact form if you are in Miami. Call 954-737-3004 if you are in Broward County. Se habla español.
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