Miami Bench Warrants Lawyer
What Is the Difference Between a Capias and a Warrant?
If you missed a court appearance and the clerk's 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.
Should you get stopped by a police officer and there is an outstanding
alias capias warrant or probation violation warrant for your arrest, you
will most likely be taken into custody and held without any bond while
you await trial on your case.
Other types of misdemeanor bench warrants are usually issued with a set
bond amount—meaning that if you are taken into custody because of
an outstanding warrant, you can pay the amount of the bond in order to
be released from jail. Misdemeanor bench warrants can be issued for failing
to appear at an arraignment, a trial date, or any other related hearing,
and will remain active until the matter is resolved.
Many people think that if they fail to take care of a bench warrant that in time it will go away, but the truth is that it will remain on their record until the matter is handled. When applying for a loan, a job, a professional license, or even social security benefits, an active bench warrant may prohibit someone from obtaining any of these. Law enforcement has the right to arrest you at home, at your workplace or any other public or private place.
What is the Difference Between a Bench Warrant and Arrest Warrant?
A bench warrant is slightly different than an arrest warrant. An arrest
warrant is an order issued by a judge to arrest an individual or search/seize
their property. The difference is in the way in which a person can be
arrested. A bench warrant authorizes an “on-the-spot” arrest.
These can be issued in both criminal and civil courts. Bench warrants
also differ if the individual was on bail at the time they failed to appear
in court. Likely, a higher bail will then be set and the next time the
person appears in court, they are at a higher risk for getting their possibility
of bail removed.
Understanding Probation Violations in Florida
You may have a warrant out for your arrest due to the violation of your
probation for a number of reasons. This may complicate the processing
of your case and lead to additional fines and even jail time. In many
cases, people are not even aware that a bench warrant exists until they
speak to an attorney, who in most cases can make the determination of
if 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 clerk's office of such, or if they
just did not realize that their appearance in court was necessary. The
clerk's 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.
Those who miss court appearances are typically viewed as “flight
risks” and have harsher penalties placed on them. The truth is,
there are many reasons why an individual would fail to appear in court
on their designated date. Our firm exists to ensure that justice is served
and that no unjust punishment is served to our clients who missed their hearing.

Client Testimonies
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Real Results
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Case Dismissed Aggravated Battery
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Case Dismissed Aggravated Battery
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Case Dropped Aggravated Battery and Armed Burglary with Battery
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Case and Injunction Dismissed Aggravated Battery and Domestic Violence Injunction
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No Jail/Prison Time Aggravated Stalking
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Case Dismissed Armed Robbery with Firearm
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Case Dismissed Battery Law on Enforcement Officer, Resisting an Officer without Violence, and Disorderly Intoxication
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Minimum Mandatory Sentences Waived Cocaine Trafficking
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Case Dropped Controlled Substance
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Case Dismissed Criminal Mischief and Disorderly Intoxication