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The most common kind of warrant in Florida is a bench warrant. A bench warrant is a warrant issued for your arrest by the court when a person fails to appear for a scheduled court appearance. There are many reasons you may be required to appear in court, and a bench warrant can be triggered for failure to appear for anything from a minor traffic ticket to a misdemeanor charge like petit theft. A warrant for failure to appear on a felony charge is called an alias capias. If you do not show up at the date and time scheduled for your arraignment, trial or other court proceeding, the judge presiding over your case will issue a bench warrant or alias capias for your arrest. It is important to note that you may be arrested at any time for either a bench warrant or an alias capias. An experienced criminal lawyer serving Broward, Miami-Dade and Palm Beach county can help you work to resolve your warrant in a way that may result in a favorable outcome.
An arrest warrant is a document that orders the arrest of an individual. It is usually issued when the police have probable cause to believe the suspect has commited a crime, or after someone has been indicted by a grand jury. Usually the person does not know an arrest warrant has been issued. The individual finds out about it at the time of the arrest.
Consequences of an Alias Capias or Bench Warrant in South Florida
Whatever the reason may be for your failure to appear, the ultimate consequence for not working to resolve the warrant is living constantly at risk for being arrested. Bench warrants and alias capias warrants can only be resolved through an arrest or surrendering yourself to the law. You can be arrested at any time, this could be at home, work school or any number of places that can be a potentially embarrassing public situation. Additionally, an alias capias or bench warrant will show up on drivers license and background checks. The warrant follows you wherever you are whether it is a different country or state. Your warrant can make you look like an irresponsible citizen or a criminal on the run. A warrant can prevent you from obtaining government benefits like Social Security. Waiting to resolve your warrant by arrest can only make matters worse and result in fines, bonds, and jail time. The best way to prevent the risk of being arrested or having a warrant show up on your record is to actively work with an experienced Miami criminal defense lawyer to quash the warrant or alias capias.Resolving an Outstanding Warrant in South Florida
You do not have to wait to be arrested in order to resolve your warrant or alias capias. There are other options available to resolving your warrant in Broward, Miami-Dade or Palm Beach County. The experienced attorneys at Pensky & Kim, P.A. can advise you if any of the solutions are a viable option for your case:Motion to withdraw warrant or alias capias for failure to appear that was unavoidable or unintentional
Self-arrest program, if available, that takes care of the warrant without the normal jail booking process
Negotiate with the police for your surrender
Schedule a court appearance with your lawyer to surrender and petition the judge for a timely resolution
If the case is a misdemeanor we may be able to resolve warrant and case without you having to come to court by having you sign an authority to represent in absentia. This can save you a lot of time and money if you do not live in the State of Florida at the present time.
Schedule an emergency bond motion with your attorney to lower the bond amount due to exigent circumstances or request an ROR bond.