Florida Criminal Defense Lawyer Explains Misdemeanor Warrants, Arrest Consequences, and How to Protect Your Freedom

If you're reading this, there's a good chance you've discovered that a warrant has been issued for your arrest on a misdemeanor charge. Maybe it happened after a traffic stop, a letter in the mail, or a background check. Naturally, you're wondering, "Will I go straight to jail?" The answer isn't always yes—but it can be. As a Florida Criminal Defense Lawyer with years of courtroom experience, I want to explain exactly how this works and what we can do to help you avoid the worst-case scenario.

Florida law treats warrants seriously, even for misdemeanors. However, how your case unfolds depends on several factors—including your criminal history, the type of misdemeanor, your behavior after the warrant was issued, and how quickly you secure legal representation.

What Is a Misdemeanor Warrant?

A misdemeanor warrant is a court order commanding law enforcement to arrest you for a non-felony offense. Common misdemeanors include petit theft, trespassing, simple battery, disorderly conduct, and driving with a suspended license. You can even have a warrant for something as seemingly minor as failing to appear in court or forgetting to pay a court fine.

Under Florida Statutes §901.02, a judge may issue an arrest warrant if there is probable cause to believe that you committed a criminal offense.

"A judge... may issue a warrant for the arrest of the person complained against if the judge, from the complaint and any supporting affidavits or depositions, is satisfied that probable cause exists." — Fla. Stat. §901.02

Even if you didn't commit the offense or didn't realize a warrant was active, the moment law enforcement finds you, they can arrest you and take you into custody. That includes traffic stops, airport screenings, job background checks, or even while at home.

Do You Go Straight to Jail?

In many cases, yes. If officers serve the warrant, you may be booked into jail—even for a misdemeanor. Whether you're held or released depends on the type of warrant and the judge's instructions. Sometimes, a warrant is "bondable," meaning you can post bail right away. Other times, especially in failure-to-appear cases or repeat offenses, you may be held until you see a judge.

This is where having a private defense attorney makes all the difference. We can often intervene before you're taken into custody, arrange a self-surrender, or file motions to withdraw the warrant or secure a hearing without arrest.

Real Case Example: Saving a Father from Jail Over a Forgotten Court Date

A client in Osceola County came to us after learning there was an active warrant for his arrest due to missing a court date on a misdemeanor battery charge. He had moved homes and never received the court notice. The police showed up at his home, but he wasn't there. His wife called us immediately. We filed a motion to quash the warrant the same day, explaining the circumstances and our client's willingness to appear. The court granted the motion, canceled the warrant, and set a new hearing date. He never spent a moment in jail.

This outcome would not have been possible without rapid intervention by a Florida Criminal Defense Lawyer who knew the court procedures, the clerks, and the system inside and out.

What Florida Law Says About Misdemeanor Penalties

Misdemeanors in Florida are categorized into two levels:

  • First-Degree Misdemeanors – Up to 1 year in jail and a $1,000 fine
  • Second-Degree Misdemeanors – Up to 60 days in jail and a $500 fine

Under Florida Statutes §775.082 and §775.083, these penalties are standard unless the charge is dismissed, reduced, or resolved through diversion.

Even if the jail sentence is short, the arrest and booking process can be humiliating, disruptive to your family and job, and devastating for immigration or professional licensing.

Possible Defenses to Avoid Arrest or Jail

When you hire us, we examine every angle of the case before the warrant results in an arrest. Common defenses and strategies include:

  • Lack of Notice – If you missed court due to never receiving notice, we can ask to vacate the warrant.
  • Mistaken Identity – If the warrant was issued in error or based on unreliable identification.
  • No Probable Cause – Challenging the legal basis of the arrest if the original complaint was flawed.
  • Voluntary Appearance – Showing good faith by appearing voluntarily can lead to better terms.
  • Diversion or Deferred Prosecution – We can seek a pretrial diversion program that keeps your record clean.
  • Bond Motions – If arrest is unavoidable, we file motions to set or reduce bail as quickly as possible.

Why You Need a Florida Criminal Defense Lawyer Immediately

I cannot stress this enough—time is critical. The sooner we get involved, the more we can do to avoid you going to jail. With our experience across all Florida counties, we know the judges, prosecutors, and procedures. We've helped people with warrants for everything from minor traffic infractions to more serious misdemeanors walk into court and walk back out without cuffs.

We can often resolve warrants with:

  • Motions to Quash
  • Emergency Bond Hearings
  • Voluntary Self-Surrender Agreements
  • Diversion Programs
  • Dismissals for Procedural Errors

Each case is different, but we'll give you the straight truth about your options and a real plan to move forward.

Related Florida Statutes You Should Know

Here are some other important Florida statutes that can affect your situation:

  • §901.15 – Provides when an officer may arrest without a warrant (e.g., if the offense was committed in their presence)
  • §948.06 – Governs violations of probation, which can also result in arrest warrants
  • §843.15 – Criminalizes failure to appear after release, turning a simple case into a more serious offense

A missed court date might turn a second-degree misdemeanor into a first-degree misdemeanor or worse. The court doesn't care whether it was intentional or an accident—that's where we come in.

Can I Be Extradited on a Misdemeanor Warrant?

In some cases, yes. If you're picked up in a different Florida county, law enforcement can hold you until you're transferred. That means you could sit in jail for days waiting on transport. If the warrant is from another state, the answer depends on the charge and that state's willingness to extradite. A private attorney can contact the originating court and begin negotiating your release before transport occurs.

Will I Be Denied Bond?

For most misdemeanor warrants, bond is available. But some exceptions apply—especially if the judge marked the warrant "no bond" due to prior violations, missed court, or risk of flight. In that case, you may remain in jail until your first appearance, usually within 24 hours, or longer on weekends. We can argue for a bond at that hearing, but without an attorney, you'll be at the mercy of the system.

How a Private Criminal Defense Attorney Can Keep You Out of Jail

Public defenders are hardworking lawyers, but they're often assigned after you're already arrested. When you retain us, we step in immediately. We can:

  • Pull your warrant information and court history
  • File emergency motions on your behalf
  • Coordinate voluntary appearances to avoid embarrassing arrests
  • Negotiate plea reductions or dismissals
  • Prevent your case from spiraling into more serious charges

And most importantly, we protect your future.

Misdemeanor Warrant and Arrest FAQs

What should I do if I find out I have a misdemeanor warrant?

Call a private criminal defense lawyer right away. The worst thing you can do is ignore it or try to "wait it out." A warrant does not expire. We can often arrange for you to appear in court voluntarily, which increases the odds of avoiding jail. We may also be able to file a motion to quash the warrant, depending on the circumstances. If you're stopped by police before doing this, the likelihood of spending time in jail increases significantly. Time matters—get ahead of the issue before it gets worse.

Can I go to jail for a minor traffic offense warrant?

Yes, even traffic-related misdemeanors like driving with a suspended license or failure to appear on a traffic citation can result in arrest and jail time. If you're pulled over and the officer sees an active warrant in the system, they are obligated to arrest you. However, with early legal intervention, we may be able to resolve the warrant and have the underlying ticket handled before you're ever placed in handcuffs. This is why working with a Florida Criminal Defense Lawyer is so important, even for what may seem like a small issue.

Can I be arrested at home or work for a misdemeanor warrant?

Absolutely. Law enforcement officers can and do execute misdemeanor warrants at people's homes and workplaces. This can be extremely embarrassing and cause damage to your reputation. Our law firm has successfully arranged quiet, voluntary surrenders that avoided those scenarios entirely. In some cases, we've even had the warrant recalled without the client ever stepping into a jail or courtroom. We handle everything with discretion and professionalism to protect your dignity and future.

Is a missed court date enough for a warrant?

Yes. A missed court date—no matter the reason—almost always results in a bench warrant being issued under Florida Statute §843.15. Even if the underlying charge was minor or you believed your appearance wasn't required, failing to appear gives the judge the power to authorize your immediate arrest. The good news is that courts may be willing to rescind the warrant if we file a proper motion and demonstrate that the failure to appear was not intentional.

Can a misdemeanor turn into a felony?

It can. If you miss court and fail to resolve the issue, or if you're charged with new crimes while the warrant is active, your misdemeanor could escalate. For example, resisting arrest or failing to appear could add charges that carry higher penalties. Repeat offenders or those on probation are particularly at risk. Getting a Florida Criminal Defense Lawyer on your side quickly can stop the domino effect that might lead to enhanced charges or long-term consequences.

Call a Florida Criminal Defense Lawyer Now Before You're Taken Into Custody

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 have over 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.

Don't wait to get arrested. Don't wait to defend yourself. Let's take control of your case today.