Warrants

Ft. Lauderdale Defense Lawyer Helping People Protect Their Rights in Criminal Proceedings

People who learn that a court has issued a warrant allowing the police to arrest them or search their property are often understandably concerned. Simply because a warrant has been issued does not mean that a person will be convicted of a crime, though, as regardless of whether the state has a warrant, it is often unable to obtain adequate evidence to charge or convict people. Additionally, people have rights throughout the arrest and investigation process, and if their rights are violated, they may be able to argue that any evidence obtained against them was obtained unlawfully. 

Furthermore, the Courts often issue Bench Warrants sometimes called a “Capias” for failure to appear in court and for other circumstances. If you recently learned that a warrant has been issued against you, it is critical to understand what measures you can take to protect your rights, and you should talk to an attorney as soon as possible. Dave Simmons of The Law Offices of Dave L. Simmons, P.A. is a trusted Fr. Lauderdale warrant attorney who is proficient at helping people navigate the warrant process, and if you engage his services, he can assess the facts of your case and assist you in seeking the best legal outcome possible. Mr. Simmons regularly represents people who have had warrants issued for their arrest throughout Broward County.  

Warrants: What Are They and Why Do Courts Issue Them?

Warrants are legal documents issued by judges or magistrates that authorize law enforcement to perform certain acts. Specifically, they usually allow police officers to conduct searches, seize property, or make arrests. 

In order to obtain an arrest warrant, law enforcement agents must present the court with a sworn affidavit establishing probable cause. In other words, they must demonstrate that a crime has been committed and that the person named in the warrant is likely responsible. In Florida, the courts issue arrest warrants in a wide range of cases, from misdemeanors to felonies. Common situations that led to the issuance of a warrant include allegations of domestic violence, drug offenses, theft, assault, and other violent crimes. 

The Courts will also issue Bench Warrants for various reasons.  Reasons for Bench Warrants or Capias include the following:

• A bench warrant for failure to appear in court
• A warrant issued by the State Attorney’s office
• A warrant for an arrest based upon probable cause
• An out of county warrant
• An out of state warrant

In many cases, the suspect may not be aware that a warrant has been issued against them.  This type of warrant is called an out of custody capias. In this situation, the warrant is generated based upon probable cause to arrest after an investigation. The Clerk’s Office will often mail you a copy of the warrant at your last known address.  Commons charges where this practice is employed include many misdemeanor and felony charges such as domestic violence, theft, and DUI.

If you are the subject of a bench warrant or any other type of warrant, contact Ft. Lauderdale warrant lawyer, Dave Simmons, to discuss your options.  In many cases Mr. Simmons may be able to schedule an in-court surrender which would avoid the requirement of reporting to the jail and waiting for the case to be set on the court’s calendar. In other situations, Mr. Simmons may file a motion to vacate the warrant in writing and thereby quashing it without any requirement to appear in court.

Another type of warrant issued by the court is a search warrant. As the name suggests, search warrants are issued to authorize the search of a specific location for evidence of a crime. It is important to note that search warrants must clearly describe the place to be searched and the items to be seized.

Rights During the Execution of Warrant

It is important to note that the Florida and United States Constitutions afford people suspected of illegal activity rights throughout the criminal process, including during investigations and the execution of warrants. For example, the Fourth Amendment ensures that individuals are protected against unreasonable searches and seizures. The courts have interpreted these protections to mean that law enforcement officers must present a warrant at the time of entry and must adhere to the specific terms outlined in the warrant, such as the location to be searched and the items to be seized. The Fourth Amendment also allows people to challenge the validity of a warrant, especially if it was issued without probable. Further, if officers conduct a search or seizure outside the scope of the warrant, any evidence obtained may be inadmissible in court. 

Additionally, the “knock and announce” rule requires officers to announce their presence and purpose before forcibly entering a property, though there are exceptions if announcing would endanger officers or lead to the destruction of evidence.

Under the Fifth Amendment, people are protected from self-incrimination, while the Sixth Amendment affords them the right to legal representation and the right to a prompt hearing to address the charges. As such, they cannot be forced to make statements against themselves and have the right to have an attorney present during criminal investigations.  

Meet with a Skilled Ft. Lauderdale Warrant Attorney to Discuss Your Case

If a court issued a warrant against you, it is advisable to meet with an attorney to discuss your options for protecting your interests. Dave Simmons of The Law Offices of Dave L. Simmons, P.A. is a skilled Ft. Lauderdale warrant attorney, and if you hire him, he will work tirelessly to help you pursue a favorable result. Mr. Simmons’s office is located in Ft. Lauderdale, and he regularly represents people in criminal matters throughout Broward County. You can reach Mr. Simmons by calling (954) 765-3540 or using our online form to arrange a confidential and free meeting.