While warrants that authorize law enforcement to conduct searches may only be in effect for a limited time, people cannot wait out arrest warrants. The information contained in an arrest warrant is shared by multiple law enforcement agencies, and the only two endings for warrants are they are recalled by judges or alleged offenders are arrested.
Arrest warrants can be issued for any one of a number of reasons. It is critical for a person who knows that there is an active warrant out for his or her arrest be proactive and take the steps necessary to resolve the situation in order to avoid the embarrassment of an arrest in another unplanned setting.Lawyer for Warrants in Broward County, FL
Have you had a warrant issued against you in South Florida? Do not say anything to authorities without legal representation. Contact The Hoffman Firm as soon as possible.
Fort Lauderdale criminal defense attorney Evan A. Hoffman represents clients all over Broward County, including Lauderhill, Pembroke Pines, Sunrise, Davie, Fort Lauderdale, and several other surrounding communities. You can have our lawyer provide a complete evaluation of your case when you call (954) 524-4474 to take advantage of a free initial consultation.
Fort Lauderdale Warrants Information Center
- What are the different kinds of warrants in Florida?
- How do people make warrants go away?
- Where can I learn more about warrants in Broward County?
Types of Warrants in Florida
Warrants are generally limited to authorizing searches or arrests. Florida Statute § 933.04 establishes that 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.”
Search warrants cannot be issued for private dwellings occupied as such unless they involve one of 11 violations established under Florida Statute § 933.18. When a person is subject to a search warrant, it is imperative for him or her to immediately contact a criminal defense attorney in order to ensure that authorities do not take actions that exceed the scope of the warrant.
Warrants authorizing an individual’s arrest may be the result of any of the following:
- Bench warrant, usually as the result of an alleged offender’s failure to appear (FTA) in court for a misdemeanor hearing date. Failure to appear for a felony court hearing date results in the issuance of an alias capias;
- Criminal investigation alleging probable cause;
- Direct file arrest warrant, usually the result of failures to appear in court after being issued a summons in a direct information case filed by the State Attorney’s Office, often months after an alleged criminal offense;
- Violation of probation;
- Out of county warrant; or
- Out of state warrant (also known as fugitive from justice warrants).
Resolving Arrest Warrants in Broward County
When a person has an active warrant out for his or her arrest, that individual may have multiple options to resolve the warrant without being arrested. One of the first things that a criminal defense lawyer will do is determine whether an alleged offender actually has a valid warrant for his or her arrest and, if so, how much the bond amount is if one is attached—or if the warrant is a “no-bond” warrant, meaning that an alleged offender would not be able to bond out of jail until after his or her first appearance before a judge.
If a warrant was improperly issued, an attorney may be able to file a petition for withdrawal of the warrant. This motion can also be filed when a failure to appear violation was unavoidable or inadvertent.
A lawyer can also negotiate the terms of surrender with law enforcement and schedule an emergency bond reduction motion to petition the court to lower the bond amount or release the alleged offender on a Release On Recognizance (ROR) bond that allows for immediate release with no bond being posted.
Florida Resources for Warrants
Arrest Search | Broward Sheriff's Office — Visit this section of the Broward Sheriff’s Office website to view the arrest information and photographs of currently incarcerated Broward County inmates using just first and last name information. The Florida Crime Information Center is a database containing Florida warrant information as reported to the Florida Department of Law Enforcement (FDLE) by law enforcement agencies throughout the state and authorized for release to the public. Additional information such as race, sex, and date of birth are required for searches on the FDLE website.
Broward Sheriff's Office
2601 W. Broward Blvd.
Fort Lauderdale, FL 33312
Scott v. State, 150 So. 3d 1273 (Fla. 4th DCA 2014) — Two officers were conducting surveillance on a residence for the purpose of executing an arrest warrant on a man by the name of R.Q. when they saw Richard Scott exit the house wearing a full-face motorcycle helmet. The officers approached Scott to determine whether he was the man they were looking for and Scott attempted to provide them with information confirming his identity before going back inside and locking the door. Scott was later arrested after he attempted to flee and he was charged with one count of resisting arrest without violence. The trial court denied his motion for judgment of acquittal that argued he “was in a consensual encounter with the officers and, therefore, had every right to end the encounter however and whenever he wanted.” The Fourth District Court of Appeal reversed the trial court’s decision, concluding that the Second District's decision in the “strikingly similar factual scenario” of Rios v. State, 975 So.2d 488, 491 (Fla. 2d DCA 2007) established “the mere fact that a person is at the residence associated with a suspect with a pending arrest warrant does not in itself justify an investigative stop.”
If you know or think that a warrant has been issued against you in South Florida, it is in your best interest to retain legal counsel as soon as possible. The Hoffman Firm defends individuals in Hallandale Beach, Margate, Plantation, Dania Beach, Deerfield Beach, and many surrounding areas of South Florida.
Evan A. Hoffman is an experienced criminal defense lawyer in Fort Lauderdale who is also a former Assistant State Attorney for the Broward County State Attorney’s Office. Call (954) 524-4474 or fill out an online contact form to schedule a free, confidential consultation.