An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual. Often time, these warrants are issued without the individual even knowing. Thus, it can be quite a shock to find out that a warrant for your arrest exists and what you should do to resolve the situation.
To obtain an arrest warrant, a law enforcement agency must draft a warrant that shows that they have probable cause to make an arrest. The warrant must then be signed by a judge or magistrate in order for it to be valid. Once the warrant is signed, police may try to execute the warrant immediately by actively searching for the suspect or take a more passive approach and wait until the suspect gets stopped or surrenders themselves to police. This approach will depend on the severity of the situation. If a suspect has an active warrant for murder, law enforcement is sure to launch an exhaustive search; yet for a technical violation of a misdemeanor probation, police are not likely to expend such resources to execute a warrant.
In either situation, it can be frightening to discover that you have an active arrest warrant. This is especially true if you genuinely have no idea why. If you do learn that you have or might have a warrant against you, you should immediately contact a criminal defense attorney to address the matter. The criminal defense lawyer will first run a check to confirm that there is an active warrant. If there is a warrant, the attorney will try to determine the amount of your bond. This is the amount of money required to get you released once the warrant is executed. Additionally, the defense attorney can research the explanation for the warrant and what criminal charges that the police are alleging. The benefit of knowing the charges is important because the attorney can work with you to gather the facts and craft a possible defense to the charges. An experienced criminal defense attorney can also work with you and the law enforcement agency to coordinate a “walk-through” so that you do not have to spend time in jail waiting to see a judge. Call us for more information on a “walk-through.”
It is a common misconception that if you have a warrant in Florida, that you are in no danger while residing in another state. If your warrant carries serious charges, law enforcement may actively search for a you by employing local police in another state. If the charges are not serious, law enforcement may not actively search for a suspect; yet warrants are usually visible to law enforcement nationwide. Thus, if you get stopped outside the state, the officer will likely run a warrant check and find that you have an active warrant in Florida. This will result in the officer arresting you and taking you to a local jail. A judge in that state will not release the arrestee until Florida decides if they would like to extradite the offender. Florida has 30 days to decide, and they will often take the entire 30 days to do so. If they do extradite, they will send someone to get you and bring you to the county jail where the warrant was issued. If they decide not to extradite, you likely sit in the non-Florida jail for 30 days waiting on the decision. The warrant remains active even if Florida decides not to extradite. Meaning this could continue to happen until the warrant issue is resolved.
If you have an active warrant, contact an experienced criminal defense attorney at Hendry & Parker, P.A. Serving Pinellas, Pasco & Hillsborough Counties, and we’ll help you create a plan of action. A warrant is a black cloud that will follow you until you address it. Call 727-205-5555 for a free consultation with our criminal lawyers.