subject: A Warrant Has Been Issued For My Arrest! Now What? [print this page] A Warrant Has Been Issued For My Arrest! Now What?
Florida judges have discretion to issue bench warrants, otherwise known as a capias, on any person who has been charged with a crime or has violated probation. There are some things you can do if you have been in trouble with the law, in order to avoid a judge issuing a warrant for your arrest:1. Attend your pre-trial and trial court dates.
2. Abide by the pretrial release terms.
3. Do not get arrested for a new criminal charge.
4. Pay all outstanding fines and court costs on your criminal case.
5. Complete all assigned community service.
6. Complete the drug/alcohol evaluation and treatment.
7. Do not test positive for drugs. Be sure to follow all court-ordered directions throughout your criminal case to avoid the issuance of a bench warrant. Weak excuses such as forgetting the date are frowned upon by the court and depending on the judge they may not withdraw the warrant. Certain judges may simply not tolerate the failure to show up in court if notice has been provided. With good legal representation, you may sway the courts in your favor by providing additional information that you would not know to tell the judge without an attorney at your side. If a capias has already been issued, what usually happens is that your attorney can file a pleading requesting that the trial court withdraw the capias. While it is impossible to predict whether or not the trial court will grant that request, it is safe to say the trial judge will more likely see the defendant is taking his case seriously and responsibility for his actions by hiring a private attorney to advocate on his behalf. The best thing to do, if you can afford it, is hire a private criminal defense attorney to represent you on the request to remove the capias. An attorney will be able to explain how the process works depending on the specific facts of your case. It is also important to contact an experienced criminal defense lawyer if the Judge issues a warrant or capias for your arrest because of a new criminal arrest or a violation of probation. Hiring a private criminal lawyer is the initial step in the right direction. Attorneys that handle criminal cases in the county you are charged in is familiar with how the courts work locally. If you talk to an attorney who promises a certain outcome, you should be skeptical. The lawyer is likely to be telling you what he or she thinks you want to hear in order that you retain the lawyer. Even when a lawyer appears in the same courthouse daily, the lawyer can't predict judicial action. Be cautious and hire someone that you trust who will zealously advocate for your rights.
