Clearwater Warrant Defense Attorneys
Last updated on August 29, 2024
An arrest warrant is a document authorized by a judge or magistrate that allows a police officer to arrest the person or persons named. If you’ve been subject to a search you don’t believe was legal, meet with a knowledgeable criminal defense lawyer at Bauer Crider Kindel & Parry today. We have worked with countless people across the St. Petersburg area on this very issue, ever since our firm was started back in 1989. Since then, we have diligently represented individuals in local, state and federal courts, standing by our clients and doing everything we can to fight for their constitutional rights.
Different Types Of Warrants In Florida
Understanding the legal system can be challenging, especially when it comes to warrants. Knowing the various types of warrants that might be issued can help you protect your rights and better inform your defense. In Florida, warrants come in several forms, each serving a different purpose.
Arrest Warrants
An arrest warrant empowers law enforcement to detain an individual suspected of committing a crime. Issued by a judge or magistrate based on probable cause, this warrant includes specific details about the crime and the suspect. It helps ensure that the individual named in the warrant is taken into custody lawfully.
Bench Warrants
When someone fails to appear in court as required, a judge may issue a bench warrant. This type of warrant is not directly related to a new criminal charge but is issued for noncompliance with a court order, such as missing a court date for a traffic violation or misdemeanor. It authorizes police to arrest the person and bring them before the court to address the failure to appear.
Search Warrants
A search warrant is granted by a judge when there is probable cause to believe that evidence of a crime exists at a specific location. This warrant allows law enforcement to search a designated place and seize particular items listed on the warrant. It is a crucial tool in criminal investigations, helping ensure that searches are conducted legally and within the bounds of the law.
Capias Warrants
Also known as “capias pro fine,” these warrants are issued when a person does not comply with a court order, such as failing to pay a fine or complete community service. Capias warrants enable law enforcement to arrest the individual and bring them to court to resolve the matter of noncompliance.
Fugitive Warrants
Fugitive warrants are issued when an individual is wanted for a crime in another jurisdiction. This warrant facilitates the arrest and extradition of the suspect to the area where the alleged crime was committed. It is often used in cases where the suspect has crossed state lines or international borders in an attempt to evade justice.
At Bauer Crider Kindel & Parry, our lawyers are well-versed in handling all types of warrants, offering the support you need to protect your rights and work toward the best possible outcome for your case.
An Overview of Arrest Warrants
Typically, a warrant includes information regarding the crime for which the warrant was issued and any restrictions regarding when or how the suspect can be arrested. Some warrants also include the set bail amount if the suspect is able to post bail after arrest. Once a judge or magistrate signs the warrant, it is considered valid and the arrest can take place. An arrest warrant does not expire — it lasts until the suspect is arrested or dies or until the court decides to cancel it.
Did Police Have Probable Cause When They Searched Your Property?
If a police officer shows up at your home with a valid arrest warrant, you are not legally allowed to refuse arrest. While it is not required for the officer to read you your Miranda rights to arrest you, the rights must be read to you before any questioning is conducted. If a police officer attempts to question you before telling you your rights, you are not required to answer and should tell the officer that you are claiming your right to remain silent or would like to talk to a Clearwater criminal defense attorney.
What Constitutes Probable Cause?
An officer must show probable cause to obtain an arrest warrant. In some situations, however, a police officer can still conduct searches or arrests without a warrant if there is probable cause. While the Fourth Amendment doesn’t provide an exact definition of probable cause, it generally involves providing proof of circumstances that indicate a crime.
According to Florida criminal laws, arrests can be carried out without a warrant in several situations, including the following:
- The person has committed a felony or misdemeanor or violated an ordinance in front of an officer
- A felony is being or has been committed and the officer reasonably believes a suspect to be responsible
- There is probable cause to believe the suspect has committed domestic violence, child abuse, battery or criminal mischief or violated a safety zone
Learn More By Working With A Respected Criminal Defense Lawyer
Do you have more questions about warrants and your constitutional protections? Speak with a skilled Clearwater criminal defense attorney at Bauer Crider Kindel & Parry. We offer free initial consultations, so give us a call today.