Accomplished Florida Criminal Defense Lawyer Counsels on Warrants
Pursuing effective strategies to respond to search warrants, arrest warrants and bench warrants
A warrant is an authorization for law enforcement officers to make an arrest or conduct a search. If you receive notice of a warrant issued against you, it’s vital that you contact a knowledgeable criminal defense attorney immediately for advice and representation. The Law Offices of Tad A. Yates, P.A. in Orlando regularly helps people respond effectively to warrants and counsels them on appropriate conduct designed to minimize disruption to their lives.
Types of warrants issued in Florida criminal cases
Warrants in Florida can be issued for different purposes in various circumstances, as follows:
- Arrest warrants — These warrants empower police to arrest a designated person on sight without having witnessed an alleged crime. Officers can request arrest warrants based on their own observation of a crime or the sworn complaint of a witness. When a grand jury returns an indictment, a court may issue a warrant for the arrest of the person charged.
- Capias warrant — After formal charges have been filed, if a defendant fails to appear in court, the judge can issue a capias warrant, empowering police to arrest the individual.
- Search warrants — These warrants allow police to search premises or vehicles to find evidence of a crime. Requirements for a search warrant include probable cause to believe a crime has been committed, the name of the person who is target of the search, the area to be searched, the type of property to be seized and any communications that are subject to seizure.
- Bench warrants — Bench warrants are issued by judges on their own initiative because a person has violated a court order, such as not appearing in court in response to a summons.
- Notices to appear — Though not technically a warrant, a notice to appear can be issued to people charged with low-level crimes when it does not appear necessary to take the accused into custody. However, if you ignore a notice to appear and miss your court date, the judge can issue a bench warrant.
In all of these circumstances, your response will impact future proceedings. Missteps in handling a warrant can lead to additional charges, more stringent bail, and other complications.
Your rights when faced with a warrant in Florida
Because accused persons have certain constitutional rights, authorities must demonstrate that a request for a warrant has sufficient legal grounds. This means presenting evidence, including sworn testimony, to persuade a judge that “probable cause” exists that a specific person has committed a specific offense.
It is possible that a warrant issued against you is unlawful because it lacks probable cause. However, you should not take it upon yourself to object to its execution or to resist arrest. The time and place to fight a warrant is in court after its execution. The exception is a case in which you know authorities are seeking a warrant. Then you can alert your attorney of the need to contest the matter before the judge signs off on the warrant.
You should retain a criminal defense lawyer with extensive experience handling warrant matters in Florida, who can take decisive steps to preserve your rights and ensure due process under the law.
Contact an experienced criminal defense lawyer in Orlando for advice on warrants
The Law Offices of Tad A. Yates, P.A. advocates in behalf of clients who are targets of various types of warrants. To schedule a free consultation, call Tad A. Yates at 407-608-7777 or contact the firm online.