Fort Lauderdale Warrant Lawyer Dave L. Simmons Can Help Protect Your Rights if You Are Issued a Warrant in Florida
A warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to take specific actions, such as arresting an individual or searching a particular location. In Florida, warrants are typically issued when there is probable cause to believe a crime has been committed or when law enforcement seeks evidence related to a crime.
If you have been issued a warrant, it is crucial to understand your rights and options. The Law Offices of Dave L. Simmons is here to provide the experienced legal guidance you need to understand your situation, protect your rights, and make informed decisions about your next steps.
Your Rights During Warrant Execution in Fort Lauderdale
When law enforcement arrives with a warrant, it is essential to know your rights:
- Right to see the warrant. You have the right to ask to see the warrant. Officers should be able to show it to you through a window or slip it under the door.
- Right to remain silent. Beyond providing your identification, you are not obligated to answer any questions.
- Right to an attorney: You have the right to consult with a Fort Lauderdale criminal defense lawyer before speaking with the police.
If you are facing a warrant, our knowledgeable Fort Lauderdale warrant lawyer, Dave L. Simmons, can work with you to help minimize the potential impact the warrant may have on your life.
Types of Warrants in Florida
There are three main types of warrants in Fort Lauderdale: arrest warrants, bench warrants, and search warrants.
Arrest Warrant
An arrest warrant is a legal order issued by a judge that authorizes law enforcement to arrest an individual suspected of committing a crime. The crime could be a misdemeanor or a felony. To issue an arrest warrant, the judge must find probable cause—sufficient reason to believe that a crime was committed within their jurisdiction. According to Florida Statute 901.02, an arrest warrant is considered officially issued the moment the judge signs it, either physically or electronically.
Bench Warrants
Bench warrants, also known as Capias, are a specific type of warrant issued directly by a judge due to a person’s failure to comply with court requirements. In Fort Lauderdale, courts may issue bench warrants for various reasons:
- Failure to appear. If you miss a scheduled court date—whether it’s for a traffic violation, misdemeanor, or felony case—the judge may issue a bench warrant for your arrest. This type of warrant is issued when the court is not notified of a legitimate reason for your absence, such as a medical emergency or other unavoidable circumstances. Once a bench warrant is issued, law enforcement can arrest you at any time, and you may face additional charges or penalties for failing to appear.
- Violating probation terms. If you are on probation and fail to comply with any of the conditions set by the court—such as attending mandatory meetings, completing community service, or avoiding contact with certain individuals—the judge may issue a bench warrant for your arrest. A probation violation is taken seriously and may result in immediate arrest, additional penalties, or revocation of probation, potentially leading to jail or prison time.
- Failing to pay court-ordered fines. When you fail to pay fines or court costs imposed by a judge, a bench warrant may be issued for your arrest. This can occur in cases ranging from traffic violations to criminal offenses. The court expects timely payment of all financial obligations, and if these are not met, a bench warrant may be used to compel you to appear in court and address the unpaid amounts. This may lead to additional fines, penalties, or even jail time until the debts are settled.
In addition, if you are wanted for an offense outside of Fort Lauderdale or the state of Florida, you could be issued an out-of-county or out-of-state warrant.
Search Warrants
Another common type of warrant in Florida is a search warrant. These warrants authorize law enforcement to search a specific location for evidence of a crime. During the execution of a search warrant, the warrant must be served by the officers specifically mentioned in the warrant, and no other person may participate except to assist the officer in charge, who must be present and actively executing the warrant.
If the officer is denied entry after announcing their authority and purpose, they are legally permitted to forcibly enter by breaking an outer or inner door, window, or any part of the house. The warrant can be executed during the day or night if the judge explicitly authorizes it based on the circumstances.
To be valid, search warrants must clearly include:
- Description of the place to be searched. The warrant must specify the exact location to be searched.
- List of items to be seized. The warrant must list the specific items law enforcement is authorized to seize during the search.