Arrest warrants can be issued from Florida courts for several reasons. Law enforcement officers in Florida can request an arrest warrant, serve a capias or bench warrant, default warrant, probation warrant, community control warrant, fugitive warrant, or a governor's warrant. All of these processes grant the police the authority to arrest and bring that person before a judge or magistrate who could set a bond to ensure that the wanted person returns to court to answer to the charges or is held without bail because of the danger the person poses to the community.
Although local sheriff's departments do not use wanted posters any longer, there are methods someone could use to find out if a person has a warrant out for their arrest. However, local police and county sheriff's deputies will not always enter the warrant in their computer system. Sometimes, they prefer to have the "paper warrant" in their hands when they serve it. Consequently, someone could have an arrest warrant issued by a judge for his or her apprehension and not know it because no one entered it into the state warrant database known as the Florida Crime Information Center (FCIC).
Procedure for Obtaining an Arrest Warrant in Florida
When officers investigate a crime and develop probable cause to arrest, the officer can apply for an arrest warrant. The officer presents the warrant application to a judge who must sign the application if the judge decides that issuing a warrant is appropriate. Some court systems are moving toward a purely electronic database, and the judge might sign the warrant application electronically.
The officer could serve the warrant, that is, arrest the person, as soon as the judge signs the application. There is no requirement that the police must enter the warrant into FCIC or their local department's databases. Sometimes police officers who are investigating very serious crimes like murder, rape, and bank robberies, want to arrest the person on the warrant personally so they could interview that person. Doing that is a sound investigatory practice. Otherwise, another police officer in another jurisdiction could arrest the wanted person (during a car stop for a motor vehicle infraction, for example), and then the investigating officers never have a chance to interview their suspect.
If police arrest you or someone you know, you must call Musca Law at (888) 484-5057 immediately to protect the rights of the accused. Our Florida arrest warrant defense attorneys know the process police will follow to obtain a damaging statement or even a confession from a person arrested on a warrant. Our attorneys could stop the police from obtaining any statement from the person arrested on the warrant and make sure that the arresting officers follow the appropriate arrest and arraignment procedures.
You NEVER Have to Speak to the Police
Many people who get arrested think they could try and talk their way out of the situation. They believe that the police will buy their side of the story and drop the charges. That does not happen. The police are not going to drop charges when they have asked a judge to approve an arrest warrant. All talking to the police does is get the person into deeper trouble.
You have the right to speak to the police if you want, but you never HAVE to speak to them. The police will write down anything you say and give your statement to the prosecutor, who will use it against you in court. Call our office before you decide whether you should speak to the police if they question you. Detectives are well-schooled on investigatory techniques and know how to drag information out of a suspect that helps them close the case. By contacting us first, we could advise you on how to invoke your right to remain silent.
Having an experienced criminal defense lawyer in Florida by your side before questioning begins will prevent you from making statements that could condemn you and will help make sure they treat you fairly. Police officers and prosecutors cannot mistreat you if you invoke your constitutional rights to remain silent. Having a seasoned and tough criminal defense lawyer by your side after an arrest on a warrant will make sure that happens. Additionally, an experienced arrest warrant defense lawyer will protect their client's rights which the Fourth, Fifth, as well as the Sixth Amendments to the U.S. Constitution guarantee.
Knowledgeable arrest warrant defense attorneys will investigate the circumstances surrounding the crime with which the police charged you and potentially locate exculpatory evidence that shows you are innocent of the crime. Also, an experienced criminal defense attorney could research whether the police entered an arrest warrant for you into FCIC or local police databases. Having this information could give you time to come up with bond money.
Having an experienced Florida criminal defense attorney on your side is invaluable. Your lawyer could file a motion asking the judge to remove the warrant or quash the capias if you surrender yourself to the court. You stand a better chance of having a reasonable bond set by a judge in court, or the judge might set you free without bond. Without a lawyer present, you could languish in jail waiting for someone to post your bond so you could fight your case from the street.
Police Can Arrest You Almost Anywhere with an Arrest Warrant
A police officer could arrest if he or she learns that a person has an arrest warrant provided that the person is in public or his or her home, work, or at school. Additionally, a person is subject to being arrested by any police officer in Florida if an officer encounters a wanted person in public.
Many people do not know they have outstanding arrest warrants or default warrants get arrested after police stop them for a motor vehicle infraction. The arrest warrant could surface when the officer runs the driver's license information. The officer cannot let the person go. Instead, the officer must place the wanted person into police custody and transport that person to jail.
Musca Law: Expert Criminal Defense Attorneys Protecting Your Rights
Call Musca Law today at (888) 484-5057 to speak with a Florida arrest warrant attorney who will fight to protect you. Life offers you nothing more valuable than your liberty. Call Musca Law today to make sure your liberty interests are protected. Don't wait, as your life and liberty depend upon it!