In Florida, as in all states, there are legal procedures that law enforcement must follow in order to issue an arrest warrant. These procedures are established by both federal and Florida law.
Generally, before issuing an arrest warrant, a judge or magistrate must be presented with evidence to review. It must clearly show facts and circumstances that would justify a reasonable person in believing that a crime was committed and the person named in the warrant is the perpetrator of the crime.
This is called “probable cause,” and it is a requirement for a warrant that is based on the 4th Amendment of the U.S. Constitution. It ensures that arrest warrants are only issued if they are reasonable and based on an objective justification. This principle of law is reinforced by Florida statutes and case law. An arrest warrant must also clearly identify the individual who is to be arrested and the nature of the alleged crime that they have committed.
Law enforcement does, on occasion, obtain an arrest warrant for an individual who is not charged with a crime or not even suspected of having committed a crime. The individual may be someone that law enforcement considers a critical witness or someone who has other information that law enforcement urgently needs for investigating a crime.
Getting rid of a warrant that names an individual would require that the individual learn about the warrant, the crime that it alleges, if any, and deal with the underlying allegation of having committed a criminal offense.
When Can I Be Arrested After the Warrant Is Issued?
The execution and service of arrest warrants in Florida are governed by strict procedures to ensure that law enforcement officials respect the rule of law and individuals’ rights. A valid arrest warrant that has been issued legally directs all law enforcement officials within the state to detain the individual named in the warrant. All law enforcement officials who have the authority to make arrests are then authorized to arrest the individual named in a valid warrant within their jurisdiction.
When making an arrest with a warrant, law enforcement officers must identify themselves and inform the individual of the fact that they have a warrant for their arrest. They must then give the individual a copy of the warrant if they are asked for one. There are rules regarding the timing and location for arresting a person pursuant to warrant.
If they plan to arrest an individual in their home, they must announce themselves at the entrance unless there is a justification for entering unannounced, i.e., there is reason to believe it would be dangerous. Otherwise, law enforcement may arrest a person at any time and in any place.
For example, law enforcement may stop a person for a traffic violation and discover by checking their computerized database that there is an outstanding warrant for the person’s arrest. After confirming that the individual is the one named in the warrant, they may arrest them on the spot.
There are other kinds of warrants also. A warrant for a defendant’s arrest is issued when the defendant violates the conditions of their probation. A probation officer must send an application for this type of warrant to a judge or magistrate who must sign it before it becomes valid.
Another type of warrant is what is referred to as a “bench warrant.” This is a warrant that is issued if an individual fails to show up for a court date that has been ordered in connection with a criminal charge that is either a felony or a misdemeanor. If a defendant misses a court date, the court issues a bench warrant, which is also referred to as a “failure to appear” warrant.
The rules regarding arresting an individual named in a bench warrant or a probation violation warrant are the same as for regular arrest warrants.
If I Have a Warrant, Can I Just Pay It?
The crime with which an individual is charged in an arrest warrant may be something that a person cannot resolve with the simple payment of a fine. The crime charged might be punishable by payment of a fine, or it might possibly be punishable by years of incarceration in state prison.
For example, the crime charged might be a serious felony offense, e.g., sexual battery. If the victim of a sexual battery is under the age of 12 and the perpetrator is 18 years old or older, the crime is a capital felony, punishable by the death penalty or life imprisonment without parole.
So it would be a mistake to think that an arrest warrant could be made to disappear by simply paying a fine. In some cases, that might be true, but it would certainly not be the case when it comes to other warrants. It would be a mistake to assume that an individual can always get rid of an arrest warrant through simple measures.
Payment of a fine also would not make a probation violation warrant or a bench warrant go away. In the case of a probation violation warrant, the defendant would need to go to court to answer for their alleged violation of probation. And if the warrant is a bench warrant, the defendant is most certainly going to have to appear in court as they were supposed to do but did not, which led the court to issue the bench warrant.
An individual who knows that there is an outstanding warrant for their arrest in Florida needs a legal consultation. Their attorney can find out what type of warrant is outstanding, the crime with which the individual is charged, if any, and what the possible punishment is if they are convicted of the crime. This can determine what procedure must be started to deal with the warrant.
What if I Did Not Commit a Crime?
Even if the individual named in a warrant believes that they did not commit the crime for which the warrant was issued, they need to consult with a Florida lawyer about how they can best deal with the warrant.
It is likely that the attorney would advise the person that they must turn themselves in and work through the legal process of appearing in court to enter a plea. They would then negotiate a plea agreement or participate in a trial in which they would be able to present their defenses.
If the warrant is a bench warrant, the defendant would in all likelihood have to go to court and proceed with their case as they would have if they had not missed their court date. If the warrant is a probation violation warrant, the defendant will have to answer for the alleged violation of their probation.
Can an Arrest Warrant Expire or Go Away?
Arrest warrants do not just expire or go away automatically in Florida. A person named in an arrest warrant of any type must at the very least contact law enforcement, through an attorney if they can, and deal with whatever problem underlies the warrant.
Do I Need a Lawyer if I Have a Warrant Out for My Arrest?
If you know that there is a warrant for your arrest outstanding in Florida, you need to talk to a Florida criminal defense attorney. LegalMatch.com can connect you to an attorney who can research any warrant and find out the details about the type of warrant it is.
They can then reach out to law enforcement on your behalf and possibly negotiate a way for you to deal with the issue. Ignoring a warrant does not make it disappear. Consulting a lawyer for guidance on how to deal with the issue is the best way forward.
