Arrest Warrants in Florida

An Arrest Warrant is also known as a Capias in Florida.

An Arrest Warrant is a court order to arrest a person and take them into custody.

An Arrest Warrant can be issued for a variety of reasons, the most common types of warrants are:

Importantly, while the terms Arrest Warrant and Capias are often used interchangeably, they actually have slightly different meanings.

An Arrest Warrant is a court order to take a person into custody that is issued prior to formal charges being filed against the person. A Capias is a court order to take a person into custody that is issued after formal charges have been filed against the person. [1]

No-Bond and Bondable Warrants

When a judge issues an arrest warrant, the judge can either set a bond or order that the person be held on “No-Bond.”

If a bond is set, the person can bond out of jail immediately after being arrested by posting the bond amount and agreeing to appear at the next scheduled court date in the county where the arrest warrant was issued.

If the judge sets “No-Bond” (which is sometimes designated as NONE on an arrest warrant), the person cannot bond out of jail immediately after being arrested and must wait until they appear before the judge who issued the arrest warrant.

As a result, the person will either have to wait in jail until the next court date or schedule a Bond Hearing to try and persuade the judge to set a bond.

Determining if Warrant is Active

Determining whether you have an active warrant depends on whether the warrant was issued for suspicion of a new criminal offense or for a criminal case you have previously been arrested on.

Arrest Warrants for New Crimes

If the arrest warrant is for a new felony offense, the court case, and thus the arrest warrant, remains sealed until the person is arrested or one year has passed since the arrest warrant or capias was issued. [2]

The reason court files are initially sealed is to prevent potential suspects from evading arrest should they become aware that an arrest warrant has been issued against them.

Arrest Warrant for Failure to Appear, Probation Violations

Unlike arrest warrants for new offenses, a person knows if they failed to appear for court or violated probation. As a result the court records for these cases are not sealed and a person can contact the Clerk of the Court to determine the status of the arrest warrant.

Contact Criminal Defense Lawyer Richard Hornsby

If you or a loved one have an outstanding arrest warrant, contact Criminal Defense Lawyer Richard Hornsby to assist you in clearing up the warrant or negotiating your surrender.

The initial consultation is free and I am always available to advise you on the proper course of action to take.