Capias Warrant in Florida

A capias warrant is an arrest order issued by a court. In the simplest of terms, a capias warrant means “the defendant needs to appear in court before the judge” … basically their presence is needed by the judge. Capias warrants are only issued when the court deems it necessary. It directs law enforcement officials to arrest a particular person. When the court determines that a capias must be issued, the circuit court judge directs the Clerk of Court to create the order electronically and send the e-warrant over to the concerned officials. A capias directs law enforcement to physically detain the individual, place them under arrest, and bring them before the court. Florida Rules of Criminal Procedure under Rule 3.730 also permit a prosecuting attorney to issue a capias warrant.

A Capias Warrant and Arrest Warrant are Somewhat Different

Although the terms “capias warrant” and “arrest warrant” are often used interchangeably, there are fundamental differences between the two. The Capias warrant is typically issued by the court after formal charges have been filed against the defendant. However, the Arrest Warrant is a court order to take the person into custody before formal charges are filed. Capias warrants can be filed for various reasons, such as:

Misdemeanor
Violating a probation
Felony
Failure to appear in court: The defendant failed to appear in court before a judge
Extradition
The defendant failed to pay child support
The defendant didn’t pay a fine associated with a court order

Taking the Right Steps is Essential for a Defendant

If a capias warrant has been issued for you, the first step to take is to confirm that the capias warrant is for you. Next, get in touch with an expert criminal defense attorney. A lawyer experienced in such cases can get the warrant recalled before you’re arrested by law enforcement officials. Depending on the facts of the case, you could get the warrant revoked or, perhaps, get the charges cleared without having to appear in court in person. Most importantly, always rely on the advice of an attorney, and never attempt to deal with the situation on your own or evade arrest.

Turning Yourself In is Advisable

Having confirmed the validity of the capias warrant, you might want to turn yourself in voluntarily. As a result, you’ll prove that you’re not a flight risk. You’ll also indicate that you’re a law-abiding citizen and willing to take responsibility for your situation. Trying to avoid getting arrested endangers yourself and the people with whom you’re staying. There’s a chance that it will result in additional criminal changes that you’ll have to face. On the other hand, appearing voluntarily ensures that you’ll get the first court appearance within 24 hours. Remember, we are here to help you anytime you need us, we are available 24/7.

Exercise Your Right to Remain Silent if You’re Arrested

Never try to talk your way out of the situation. Even if you’ve chosen to turn yourself in, do not make statements of any kind or explain the circumstances to the officers on duty. You might end up revealing information that can be used against you in a court of law. Anything you say will be written down and relayed to the public prosecutor, who will likely use it to build a case against you. Wait for your attorney to arrive while you invoke your constitutional right to remain silent without legal representation. Having an attorney present also ensures that the arresting officers follow the correct protocols for arrest and arraignment.

Capias Warrants Often Have Bonds Attached

Oftentimes, the judge chooses to attach a bond amount to the capias warrant. This bond amount is typically higher than the usual bond for that particular offense or felony. Most capias warrants carry a minimum $2,000 bond. However, depending on the situation, the judge may choose to issue a no-bond capias order.

If you or your loved one are in need of information on Capias Warrant, call us at 407-307-3384 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

Capias Warrant in Florida