What Is an Arrest Warrant in Florida?

If you believe there's a warrant out for your arrest in Florida, or you've already been taken into custody based on one, you need to act quickly. Arrest warrants are formal orders issued by a judge, and they authorize law enforcement to take someone into custody based on probable cause. In some cases, you may not even know a warrant exists until you're pulled over, denied a background check, or detained at your job.

As a Florida criminal defense attorney, I’ve helped clients across the state respond to warrants, appear in court safely, and avoid unnecessary jail time. Whether the warrant is for a new criminal charge, a failure to appear, or a probation violation, having a private attorney intervene early often makes the difference between damage control and full-blown crisis.

Let’s go over what an arrest warrant actually is, what the law says, how warrants are issued, what your legal options are, and how we defend people in your situation every day.

Florida Law on Arrest Warrants: What the Statute Says

The rules governing arrest warrants in Florida are found in several places, but the most relevant is Florida Statute § 901.02.

Statute Text – Florida Statute § 901.02 (1)

“A judge may issue a warrant for the arrest of a person when it appears from the complaint or affidavit filed that there is probable cause to believe that the person has committed a violation of Florida law.”

What this means:

• A judge must personally review a sworn affidavit submitted by law enforcement or prosecutors.

• The affidavit must describe facts that support probable cause, not just suspicion.

• If the judge agrees that the facts justify an arrest, a warrant is signed and entered into law enforcement databases.

That warrant can then be used by any police officer in Florida to make an arrest, regardless of jurisdiction.

When Are Arrest Warrants Issued in Florida?

Warrants can be issued in many different types of criminal cases. Below are the most common situations I see in my practice:

• New criminal charges: If you’re under investigation, a detective may gather evidence, submit it to the State Attorney, and then request a warrant instead of arresting you on the spot.

• Missed court appearances: If you were released on bond or pretrial release and failed to appear, the judge may issue a capias warrant or bench warrant.

• Violation of probation (VOP): If you’re on probation and your officer alleges a technical or substantive violation, a warrant may be issued immediately.

• Failure to pay fines or court costs: These cases usually result in a civil contempt warrant, which can still lead to jail time.

In each case, the warrant is typically signed before you’re aware of it. That’s why people are often caught off guard when they’re pulled over for a minor traffic violation and then taken to jail on a warrant they didn’t know existed.

What Happens After a Warrant Is Issued?

Once a warrant has been signed:

• It’s entered into the Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC).

• It becomes active statewide, and in many cases, nationwide.

• Any law enforcement officer can arrest you at any time, day or night.

• You may be arrested at your home, work, or during a routine traffic stop.

• You may be held without bond, depending on the charge.

If you're aware of the warrant before being arrested, there’s a critical window to retain an attorney and prepare to surrender safely or challenge the warrant’s legality.

How a Florida Criminal Defense Attorney Can Help with a Warrant

In my practice, the first step we take is confirming whether a warrant actually exists, and what type it is. From there, we take fast, strategic steps to protect you.

Depending on the situation, I may:

• Contact the court and clerk’s office to verify the warrant.

• Determine if you are eligible for pretrial release or bond.

• File a Motion to Withdraw the Warrant if appropriate.

• Arrange for a safe, scheduled surrender instead of a surprise arrest.

• Appear with you in court and argue for release with no jail time.

• File motions challenging probable cause if the warrant lacks legal support.

Having a private attorney helps you take control before the system takes control of you. Public defenders are not assigned until after you’re booked and seen by a judge. By then, damage may already be done.

Real Case Example: Withdrawing a Felony Warrant Before Arrest

A client in Tampa contacted me after hearing from a friend that police were asking questions about him. He hadn’t been arrested yet, but was concerned about an old investigation that might be active again. I quickly contacted the local clerk and confirmed a felony warrant had just been signed based on a confidential tip related to a drug case.

We moved fast. I contacted the assigned prosecutor, reviewed the affidavit, and filed a Motion to Quash the warrant due to lack of specific evidence tying my client to the alleged transaction. The judge granted a hearing, and I presented arguments showing that the affidavit was based solely on hearsay with no independent corroboration.

Result: The judge vacated the warrant, and no arrest occurred. My client kept his job, his reputation, and avoided being booked on a felony he didn’t commit.

Can Arrest Warrants Be Challenged or Quashed in Florida?

Yes, they can—but only under specific legal grounds. A warrant may be invalid if:

• The affidavit fails to establish probable cause.

• The warrant lacks required judicial authorization.

• The warrant was issued based on false or misleading information.

• You were already in custody on the same matter.

• The court issuing the warrant lacks jurisdiction.

We examine every detail of the affidavit, the sworn complaint, and the judge’s order to determine if the warrant was legally issued. If it wasn’t, I move to suppress the evidence and dismiss the case.

What Are the Penalties for Ignoring a Florida Arrest Warrant?

Ignoring a warrant only makes things worse. If you miss court or avoid law enforcement, you could face:

• New criminal charges, including failure to appear (a separate misdemeanor or felony).

• No bond holds, meaning you remain in jail until your next hearing.

• A record of noncompliance, which prosecutors use to push for harsher penalties.

• Denial of future pretrial release in current or future cases.

Many people wait until they’re arrested in front of their kids or lose their job after being booked. If you suspect or know that a warrant exists, I urge you to get in front of it.

Defenses Against Charges That Result in Warrants

When the underlying warrant is tied to a criminal accusation, I don’t just deal with the warrant—I attack the charge itself. Common defenses include:

• Mistaken identity: Especially in cases based on surveillance or secondhand reports.

• Lack of probable cause: If the affidavit is weak or relies too heavily on hearsay.

• Constitutional violations: Such as unlawful searches that led to the accusation.

• Duress, lack of intent, or self-defense, depending on the type of crime.

• Procedural errors: Missing dates, incorrect charges, or unverified complaints.

Once the warrant is resolved, we work to suppress evidence, dismiss charges, or negotiate favorable plea terms with reduced penalties.

Florida Arrest Warrant Frequently Asked Questions

What exactly is an arrest warrant in Florida?
An arrest warrant is a court order signed by a judge that authorizes law enforcement to arrest a specific person based on probable cause. It’s usually based on an affidavit submitted by police or a prosecutor, and once issued, the warrant stays active until it is served, quashed, or withdrawn.

Can I be arrested at home for a Florida warrant?
Yes. Once a warrant is active, police can show up at your home, your workplace, or any location where they believe you are present. If the charge is serious enough, they may send a task force to arrest you.

Is it possible to clear a warrant without going to jail?
In many cases, yes. A private defense attorney can file a motion to withdraw the warrant, negotiate with the prosecutor, or schedule a hearing where you appear voluntarily. Judges often look more favorably on defendants who address the issue quickly and proactively.

What if I didn’t know about the warrant?
Lack of knowledge may help explain your absence in court, but it won’t automatically clear the warrant. However, your attorney can raise that point in a motion or hearing to reduce penalties and request that the warrant be set aside.

Can a Florida warrant be enforced in another state?
Yes. Many arrest warrants are entered into national databases and treated as extraditable offenses. You could be arrested in another state and held until Florida authorities decide whether to transport you back.

How long does a warrant stay active in Florida?
There’s no expiration date on most criminal arrest warrants. They remain in effect until you are arrested, the judge withdraws the warrant, or the case is otherwise resolved.

Does having a private attorney help with a warrant?
Absolutely. Public defenders are not assigned until after you’ve been booked and appear in court. A private attorney can intervene beforehand, negotiate surrender terms, prepare defenses, and potentially get the warrant withdrawn or the charge reduced before you ever see a jail cell.

What happens if I miss court while out on bond?
The judge will likely issue a bench warrant or capias warrant. Your bond may be revoked, and you could face additional charges. It’s critical to contact your attorney immediately if you missed court due to illness, emergency, or a valid excuse.

What is a capias warrant in Florida?
A capias is a type of bench warrant issued by the court when someone fails to appear or comply with a court order. It functions the same way as a traditional arrest warrant and can result in immediate detention.

Call Our Florida Criminal Defense Attorney Right Now!

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation.

We operate 35 office locations throughout the state of Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

If you believe a warrant has been issued in your name, or you were recently arrested based on one, take action now. The faster you call, the more options we have to protect you.