MIAMI BENCH WARRANTS LAWYER
WHAT IS A BENCH WARRANT?
A bench warrant is a court ordered document that is issued by a judge that allows for a person’s immediate, onsite arrest by law enforcement. This means that if a person has a bench warrant in his/her name, he/she can be placed under arrest by police and brought to appear in a court of law. The primary goal of a judge when issuing a bench warrant is to obtain custody of the person listed on the warrant so that he/she will appear in court.
Bench warrants are typically issued when a person fails to appear in court for a scheduled legal proceeding. Some of the most common reasons given as to why a court appearance was missed are personal emergency or failure to receive notice from the clerk's office. Regardless of the reason, the judge usually will issue a warrant for your arrest if you fail to show up at a hearing. The only way a warrant is removed is by a motion presented to the court by a Miami bench warrants attorney.
DID YOU FAIL TO APPEAR IN COURT?
If you answered “yes”, you are probably wondering what you should do. The absolute best thing you can do after a bench warrant has been issued in your name is to consult with our Miami bench warrant lawyers. If you have an active warrant for your arrest, you are facing immediate arrest and incarceration in jail. This means that the police can detain you at any time, either by coming to your home or place of business to execute the warrant or take you into custody should they stop you on the road or in public.
By avoiding law enforcement or ignoring your bench warrant, you will only make your condition much worse than it is. That is why working with a skilled Miami bench warrant defense attorney is always your best option. The defense attorneys at Hager & Schwartz, P.A., will immediately file the appropriate motion with the judge requesting that the motion be quashed, which will provide you with the peace of mind knowing that you no longer have to worry about being arrested at any time which would result in immediate incarceration until your trial.
DIFFERENCE BETWEEN CAPIAS AND WARRANT IN FLORIDA
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.
DIFFERENCE BETWEEN BENCH WARRANT AND ARREST WARRANT IN FL
A bench warrant is slightly different than an arrest warrant.
- 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.
- 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.
Contact our Miami bench warrant lawyers at (305) 330-1360 today for initial consultation!