A warrant is a writ—a formal written order—from a judge that authorizes law enforcement to perform some act in the name of justice, usually make an arrest or conduct a search or seizure. One of the most common reasons that arrest warrants are issued in the Miami area is people’s failure to appear for court dates.
Arrest warrants do not go away. Information in arrest warrants is instead shared by numerous law enforcement agencies, and unless a warrant is recalled by a judge, the only other way a warrant is no longer outstanding is the arrest of the alleged offender.Attorney for Warrants in Miami-Dade County, Florida
If you have had any kind of warrant issued against you in South Florida, it is in your best interest to immediately retain legal counsel. The Hoffman Firm aggressively defends clients all over Miami-Dade County, including Coral Gables, Hialeah, Opa-locka, Miami, North Miami, South Miami, Key Biscayne, Aventura, and many other nearby areas.
Miami criminal defense lawyer Evan A. Hoffman can fight to help you achieve the most favorable outcome to your case that results in the fewest possible penalties. He can review your case and answer all of your legal questions as soon as you call (305) 249-0090 to schedule a free, confidential consultation.
North Miami Warrants Information Center
- When can arrest warrants be issued?
- How can people resolve bench warrants?
- What are the legal requirements of search warrants?
- Where can I find more information about warrants in Miami-Dade County?
Arrest Warrants in Florida
Florida Statute § 901.02(1) establishes that a judge, upon examination of the complaint and proofs submitted, if satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed within the judge’s jurisdiction, can issue an arrest warrant signed by the judge with the judge’s name of office. A court can issue a warrant for an alleged offender’s arrest under Florida Statute § 901.02(2) when all of the following circumstances apply:
- 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 issued by the State Attorney’s Office, but many arrest warrants in Miami are the result of alleged offenders not appearing in court.
Bench Warrants in Miami-Dade County
Failure to appear (FTA) warrants are called bench warrants in misdemeanor cases. Failure to appear for a felony court hearing date results in the issuance of an alias capias.
People in FTA cases may be able to file petitions for withdrawal of the warrants when their failure to appear was unavoidable or inadvertent. A criminal defense attorney may be able to ask the court to release an alleged offender on a Release On Recognizance (ROR) bond that allows for immediate release without having to post bond.
Search Warrants in Miami
Florida Statute § 933.04 states, “The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to be seized.” Florida Statute § 933.18 further establishes that no search warrant shall authorize the search of any private dwelling occupied as such unless:
- It is being used for the unlawful sale, possession, or manufacture of intoxicating liquor;
- Stolen or embezzled property is contained therein;
- It is being used to carry on gambling;
- It is being used to perpetrate frauds and swindles;
- The law relating to narcotics or drug abuse is being violated therein;
- A weapon, instrumentality, or means by which a felony has been committed, or evidence relevant to proving said felony has been committed, is contained therein;
- One or more of the following child abuse offenses is being committed there: Interference with custody, commission of an unnatural and lascivious act with a child, and/or exposure of sexual organs to a child;
- It is in part used for some business purpose such as a store, shop, saloon, restaurant, hotel, boardinghouse, or lodginghouse;
- It is being used for the unlawful sale, possession, or purchase of wildlife, saltwater products, or freshwater fish being unlawfully kept therein;
- The laws in relation to cruelty to animals, as provided in chapter 828, have been or are being violated therein; or
- An instrumentality or means by which sexual cyberharassment has been committed, or evidence relevant to proving that sexual cyberharassment has been committed, is contained therein.
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
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.
Do you know or believe that a warrant has been issued against you in South Florida? You will want to make sure that you seek legal representation as soon as possible. Contact The Hoffman Firm right now.
Evan A. Hoffman is an experienced criminal defense lawyer in Miami who represents individuals in South Miami, Key Biscayne, Miami Beach, Coral Gables, Homestead, Hialeah, Doral, Aventura, North Miami, and many surrounding areas of Miami-Dade County. Call (305) 249-0090 or submit an online contact form to have our attorney provide a complete evaluation of your case during a free consultation.