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BENCH WARRANTS

For more information about our criminal defense services related to Bench Warrants and Probation violations, please visit our Bench Warrant Website.

WHAT IS A BENCH WARRANT/ALIAS CAPIAS?

If you missed a court appearance and the clerks office can verify that you were properly notified, a bench warrant (misdemeanor case) or an alias capias (felony case) will be issued by the court. Depending on several factors, such as type of case, ties to the community and criminal record, the warrant can range from hundreds of dollars to thousands of dollars.

WHAT ARE THE CONSEQUENCES OF A BENCH WARRANT?

Should you get stopped by a police officer and there is an outstanding warrant for your arrest, you will most likely be taken into custody and held without any bond while you await trial on your case.

In many cases, people are not even aware that a bench warrant exists until they speak to one of our attorneys who in most cases can make the determination as to whether and when a warrant was issued .  It is quite common for a person to miss a court appearance when they change their address and fail to notify the clerks office of such or just did not realize there appearance in court was necessary.  The clerks office sends the notice for a court appearance only to the address on record and if that notice can be verified in court , a bench warrant or alias capias (felony cases) is almost always issued.

HOW TO REMOVE A BENCH WARRANT/ALIAS CAPIAS?

In order to remove a bench warrant or alias capias (felony cases), it is imperative that you utilize the services of a qualified criminal defense attorney as soon as you learn of the warrant.  The attorneys at Hager & Schwartz, P.A. have extensive experience dealing with  and moving the court to remove outstanding warrants.  In most cases, we can file a motion to set aside the warrant and get it on the trial judges calendar within a short period of time in order to get the warrant removed.  If you are arrested on a bench warrant or alias capias (felony cases), you could be held in custody without a bond until the criminal case is closed! 

For more information about probation violations and bench warrant arrests, please visit our website dedicated to such by clicking here.

Our firm handles probation violation and bench warrant cases throughout South Florida including Miami, Broward, Volusia County, Collier County, St. Lucie, Monroe County, Ft. Lauderdale, and Boca Raton.

If you have an outstanding warrant, it is imperative that you contact our office immediately! In many cases, we can file the appropriate motion to have the warrant set aside, the bond reinstated and get your case put back on the judges docket so you can await your trial at home with your friends and family and not in jail!

CALL OUR OFFICE TODAY TO SCHEDULE A FREE CONSULTATION!


MIAMI-DADE COUNTY
Case# 8808XEJ
Charge: DUI (Driving Under the Influence)
Facts: The evidence was that he hit a parked car which injured its driver, performed poorly on the field sobriety exercises and blew over two times the legal limit of .08.  Mr. Schwartz established that the witness was unable to make a positive identification and as a result the case was dismissed on the day of trial for insufficient evidence.

Result: CASE DISMISSED
MIAMI-DADE COUNTY
Case#: M08063254
Charge: Domestic Battery
Facts: Client was in South Florida for vacation with a boyfriend that alleged she broke his nose in a physical altercation.  Mr. Schwartz was able to establish that the victim lacked credibility and thus the State Attorneys Office would have a difficult time proving the case.

Result: CASE DISMISSED
MIAMI DADE COUNTY
Case# F09003166
Charge: Aggravated Assault with a Firearm and Domestic Battery
Facts: Client was accused of hitting his girlfriend and threatening to harm her with a firearm.  The victim provided statements to the 911 operator that consisted of the clients name and address and that he had threatened her with a gun.  Mr. Schwartz was able to convince the State Attorney that the victim and her statement(s) lacked credibility.

Result: CASE DISMISSED
Miami-Dade County
Case #: M08044748
Charge: Carrying a Concealed Weapon
Facts: Client was accused and charged with bringing a concealed firearm into the Miami Dade Courthouse, where it was discovered by security.  Mr. Schwartz was able to convince the Prosecutor that they would not be able to prove that the client had knowledge that the firearm was in her bag, which was an element of the crime charged.  As a result, the case was Nolle Prossed without the client ever having to appear in court.

Result: CASE DISMISSED
Broward County
Case# 07001657MM40A
Charge: Possession of Marijuana
Facts: Client was charged with constructive possession of marijuana as a result of being in the passenger seat of a car where marijuana was found. Mr. Schwartz forced the State to trial and had the opportunity to speak to the officers who conducted the investigation that led to the client's arrest. Mr. Schwartz was able to show the Prosecutor major flaws in their case and as a result got the case dismissed.

RESULT: CASE DISMISSED
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