Learning that there may be a warrant for your arrest can create an immediate problem: Do you turn yourself in? Can you be arrested at home or work? Is there a bond? Can a lawyer do anything about the warrant before you go to jail?

In Florida, the answers depend on the type of warrant, the underlying charge, how the warrant was issued, and whether the court has already established conditions for release.

If you believe you have an arrest warrant in Gainesville or Alachua County, ignoring it usually does not make the problem disappear. But simply walking into jail without first determining what the warrant says may not always be the best approach either.

In some cases, a criminal defense attorney can investigate the warrant, determine the charge and bond status, evaluate whether court action is appropriate, and help develop a plan for addressing the warrant.

What Is an Arrest Warrant in Florida?

An arrest warrant is a court order authorizing law enforcement to arrest a particular person.

Under Florida Statute § 901.02, a judge may issue an arrest warrant after examining the complaint and supporting proof and determining that probable cause exists to believe a crime was committed within the judge’s jurisdiction.

This is different from a search warrant.

A search warrant generally authorizes police to search a particular place or property for specified evidence. An arrest warrant authorizes police to take a particular person into custody.

That distinction can become important when police attempt to enter a residence while looking for someone named in an arrest warrant.

Why Would I Have a Warrant for My Arrest?

There are several ways a person can end up with an active warrant in Florida.

A judge may issue an original arrest warrant after law enforcement presents allegations establishing probable cause. A warrant may also arise because a defendant failed to appear in court, allegedly violated probation, failed to comply with a summons, or because prosecutors filed formal charges when the defendant was not already in custody.

Florida Statute § 901.11, for example, requires a trial judge to issue a warrant when a person fails to appear as commanded by a summons without good cause.

The reason for the warrant matters because it can substantially affect what happens after the arrest.

What Is a Capias in Florida?

The words “warrant” and “capias” are sometimes used interchangeably in ordinary conversation, but a capias commonly arises after a criminal case has reached court.

Florida Rule of Criminal Procedure 3.140 provides that when an indictment or information charging a crime is filed and the person charged is neither in custody nor already on bail for that offense, the judge generally issues—or directs the clerk to issue—a capias for the person’s arrest. The judge also addresses the amount of bail, if any, on the capias.

A capias can also be issued in other procedural circumstances.

For a defendant, however, the immediate practical concern is usually the same:

There may now be a judicial command authorizing law enforcement to take you into custody.

What Should I Do If I Learn There Is a Warrant for My Arrest?

The first step should be determining exactly what exists.

Before making assumptions based on something a friend, family member, bondsman, or even law enforcement officer said, it can be important to determine:

• What court issued the warrant?
• What is the case number?
• What offense is alleged?
• Is it an arrest warrant, capias, failure-to-appear warrant, or probation warrant?
• Is a bond already established?
• Is the warrant designated no-bond?
• Is there an existing criminal case?
• Is the warrant from Alachua County or another Florida county?
• Are there multiple warrants?

These details can dramatically change the appropriate strategy.

Can a Criminal Defense Lawyer Find Out What the Warrant Is For?

In many situations, yes.

A defense attorney may be able to review available court records and determine the nature of the case, the allegations, whether a warrant or capias has been issued, and whether a bond has been established.

The attorney can then determine what steps may be available before the client surrenders.

That is particularly valuable when someone learns about a warrant before police have arrested them.

Instead of waiting for officers to arrive unexpectedly, the defendant and attorney may have an opportunity to address the situation in a more organized manner.

Can a Lawyer Get an Arrest Warrant Withdrawn?

Sometimes there may be a legal basis to ask the court to recall or address a warrant or capias, but there is no general rule requiring a judge to withdraw a valid warrant merely because the defendant hires an attorney.

The circumstances matter.

For example, a warrant arising from an alleged failure to appear presents different issues from an original arrest warrant supported by a probable-cause affidavit.

An attorney may investigate whether there is a basis for requesting that the court recall a warrant, address bond before surrender, schedule a hearing, or otherwise resolve the circumstances that caused the warrant.

But the availability of those options depends upon the particular case and the judge’s authority.

Should I Just Turn Myself In?

Voluntary surrender may ultimately be appropriate, but there can be significant advantages to obtaining information first.

Consider the difference between knowing:

“There is some kind of warrant for me.”

and knowing:

“There is one Alachua County warrant for a particular charge, the court has established a particular bond, and my attorney has reviewed the case and developed a plan for surrender and release.”

The second situation allows considerably more preparation.

Depending upon the case, preparations might include arranging a bondsman, gathering information relevant to release, addressing medication or other necessities, notifying family, arranging transportation, and having counsel prepared for first appearance or a bond issue.

Do not evade police or attempt to hide from an active warrant. The goal is to address the warrant lawfully and intelligently.

Can I Arrange a Voluntary Surrender?

In appropriate cases, an attorney may be able to help coordinate how a client addresses an outstanding warrant.

Voluntarily addressing a warrant can also be relevant to later release issues.

Florida’s current bail statute expressly distinguishes certain defendants who voluntarily appear or surrender after failing to appear from those who are later arrested. Section 903.046 nevertheless imposes restrictions following a failure to appear and directs courts to consider previous flight and failures to appear when determining bail. The statute also allows the court discretion concerning release conditions when the defendant proves circumstances beyond the defendant’s control caused the failure to appear.

Accordingly, how a warrant is addressed can matter beyond simply ending its outstanding status.

What Happens When Police Find Me With an Active Warrant?

If law enforcement confirms an enforceable warrant, the officer generally has authority to make the arrest.

Florida Statute § 901.15 expressly authorizes an officer to make an arrest when an arrest warrant has been issued and is held by another peace officer for execution.

You should not physically resist an arrest because you believe the warrant is mistaken or invalid.

Challenges to the warrant are made through the legal process—not through an argument or physical confrontation with the arresting officer.

Can Police Arrest Me at Work or in Public?

Generally, an arrest warrant can be executed when officers encounter the person named in the warrant.

Florida law provides for the execution of arrest warrants, and the Fourth Amendment generally does not give a person the same expectation of privacy in a public location that exists inside a home.

If police locate a person with an active warrant during a traffic stop, at work, on the street, or in another public location, the warrant may result in an immediate arrest.

That is another reason an outstanding warrant can become disruptive even if the underlying case has nothing to do with the encounter that led police to discover it.

Can Police Enter My House to Arrest Me?

This presents an important Fourth Amendment issue.

In Payton v. New York, 445 U.S. 573 (1980), the United States Supreme Court held that police ordinarily cannot make a warrantless, nonconsensual entry into a person’s home simply to make a routine felony arrest. But the Court also explained that an arrest warrant founded on probable cause carries limited authority to enter the residence in which the person named in the warrant lives when there is reason to believe that person is inside.

Florida law also addresses entry to execute an arrest.

Under Florida Statute § 901.19, after announcing authority and purpose and being denied admission, an officer executing an arrest warrant may use necessary and reasonable force to enter a building or property where the person to be arrested is or is reasonably believed to be.

The constitutional limits on entering a residence, however, remain important.

What If I Am Staying at Someone Else’s House?

A different Fourth Amendment issue arises when police try to enter another person’s home simply because they believe the subject of an arrest warrant is there.

In Steagald v. United States, 451 U.S. 204 (1981), the Supreme Court held that an arrest warrant for one person does not, by itself, give police unlimited authority to search the home of a third party for that person. Absent consent or exigent circumstances, the privacy interests of the third-party resident ordinarily require additional constitutional justification for the search of that home.

This distinction is important:

An arrest warrant for John Doe is not automatically a general search warrant authorizing police to search every house where officers think John Doe might be hiding.

Whether an entry was lawful can become a significant search-and-seizure issue if evidence is discovered during the arrest.

Can Police Search Me When They Arrest Me on a Warrant?

A lawful arrest generally permits officers to conduct a search incident to arrest within constitutional limits.

Florida Statute § 901.21 expressly authorizes a search of the arrested person and the area within the person’s immediate presence for purposes including officer protection, preventing escape, and discovering evidence.

That does not mean an arrest warrant automatically authorizes an unlimited search of an entire house, vehicle, or electronic device.

The legal authority for any additional search must be evaluated separately.

This is one reason an arrest-warrant case can overlap with Florida search-and-seizure law and a potential motion to suppress evidence.

What Happens After I Am Arrested on the Warrant?

The answer depends partly on what the warrant directs and whether release has already been authorized.

If the person remains in custody, Florida’s first-appearance procedure generally requires an arrested person who has not already been lawfully released to be brought before a judge within 24 hours of arrest. At first appearance, the judge advises the defendant of the charge and important constitutional rights.

Bond and pretrial-release issues may also be addressed.

This is why an attorney who learns about the warrant before the arrest may want to investigate not only the underlying charge but also what is likely to happen after the defendant enters custody.

Will I Have a Bond?

Not necessarily.

Whether a defendant can immediately post bond depends upon the offense, the warrant or capias, the defendant’s circumstances, Florida’s pretrial-release statutes, and any orders already entered by the court.

Florida Statute § 903.046 explains that bail serves two principal purposes:

ensuring the defendant appears for future proceedings and protecting the community from unreasonable danger.

In setting conditions, courts consider factors including the offense, weight of the evidence, community ties, employment, financial resources, criminal history, previous flight or failure to appear, danger to the community, danger or intimidation of victims, and whether the defendant was already on release or supervision.

Certain cases may also involve statutory pretrial-detention procedures rather than ordinary release on monetary bond.

Therefore, nobody should assume that simply knowing the underlying charge tells them exactly how quickly they will be released.

What If the Warrant Is for Failure to Appear?

A failure-to-appear warrant deserves particular attention because the failure to appear itself can affect future release conditions.

Under the current version of § 903.046, a defendant who failed to appear at a required proceeding and later voluntarily appears or surrenders is not eligible for a recognizance bond. A defendant who failed to appear and is later arrested faces still greater statutory restrictions on nonmonetary release, subject to the court’s discretion where circumstances beyond the defendant’s control caused the failure to appear.

The reason for missing court therefore matters.

Possible circumstances can include:

• Lack of notice;
• Hospitalization or medical emergency;
• Incarceration somewhere else;
• Confusion regarding the court date;
• Transportation problems;
• Attorney or scheduling issues; or
• Other circumstances genuinely outside the defendant’s control.

Not every explanation will legally excuse a failure to appear, but counsel should determine what actually happened before approaching the court.

What If the Warrant Is for Violation of Probation?

A violation-of-probation warrant presents different concerns.

The defendant may face detention and a VOP proceeding rather than simply resuming an ordinary pending criminal case. Release rules can also be significantly different for defendants accused of violating probation or community control.

The attorney should determine the alleged basis for the violation, whether it is a technical violation or alleged new-law offense, the defendant’s probationary status, and what evidence supports the violation.

A probation violation should therefore not be treated as if it were simply another new arrest.

What If I Never Knew About the Criminal Case?

That can happen.

Police do not necessarily arrest a suspect at the scene of every alleged offense. An investigation may continue after the incident, and a judge may later issue a warrant after finding probable cause.

Likewise, prosecutors can file an information after reviewing a law-enforcement investigation.

Florida Rule of Criminal Procedure 3.140 specifically contemplates issuance of a capias after an information or indictment is filed when the accused is not already in custody or on bail for the offense.

Consequently, the first indication someone receives that a criminal case exists can sometimes be learning that a warrant or capias has been issued.

Can I Challenge the Probable Cause Supporting the Arrest Warrant?

Potentially.

Florida § 901.02 requires probable cause before a judge issues an arrest warrant.

That does not mean every warrant is immune from later scrutiny.

Depending on the circumstances, defense counsel may examine the sworn allegations used to obtain the warrant, the actual evidence, omissions or misstatements, identification evidence, witness credibility issues, and whether the alleged facts legally establish the offense charged.

But an important distinction should be understood:

Challenging the evidence supporting a warrant is not the same thing as being entitled to ignore the warrant.

A defendant generally addresses those legal issues through counsel and the court.

Should I Talk to Detectives About the Case Before Turning Myself In?

Usually, someone facing an arrest warrant should be extremely cautious about making statements concerning the alleged offense without first obtaining legal advice.

The fact that a detective says:

“I just want to hear your side before we take care of the warrant”

does not make the conversation confidential.

Statements made before or after arrest may become evidence.

A person has constitutional rights, including the right to remain silent and the right to consult an attorney. Having a warrant does not create an obligation to explain the allegations to police.

Should I Call the Detective Myself to Ask About the Warrant?

That can create unnecessary risks. Remember, everything you say can be used against you, even the most seemingly mundane information.

Even seemingly innocent questions can lead to a substantive conversation about:

• Where you were;
• Who you were with;
• Whether you know the alleged victim;
• Whether you owned particular property;
• Whether you were driving;
• Whether you possessed something;
• What happened during the alleged incident; or
• Why police believe you committed the offense.

A criminal defense attorney can often obtain information without requiring the client to submit to an uncontrolled interview about the underlying allegations.

What Information Should I Give My Lawyer?

If you believe you have an arrest warrant, useful information can include:

• Your full name;
• Date of birth;
• County where the warrant may have originated;
• Any case number;
• The alleged charge;
• Name of the investigating agency or detective;
• Copies of any paperwork;
• Court notices;
• Messages from law enforcement;
• Prior bond information;
• Probation information, if applicable; and
• Any information about a missed court date.

You should also tell your attorney if you believe warrants may exist in more than one county.

Finding one warrant does not necessarily establish that it is the only outstanding matter.

Arrest Warrants in Gainesville and Alachua County

A Gainesville arrest warrant may arise from an investigation by the Gainesville Police Department, Alachua County Sheriff’s Office, University of Florida Police Department, Florida Highway Patrol, or another law-enforcement agency.

The underlying case may involve anything from a misdemeanor failure to appear to a serious felony investigation.

The correct response therefore depends upon much more than the word “warrant.”

For someone in Gainesville or Alachua County, an attorney can investigate the underlying case, determine the status of the warrant, examine bond issues, and evaluate what should occur before and after surrender.

Can a Gainesville Criminal Defense Lawyer Help Before an Arrest?

This is perhaps the most important point.

You do not necessarily have to wait until you are sitting in jail to hire a criminal defense attorney.

When Landsman Law is contacted before an arrest on an outstanding warrant, potential defense work may include determining the nature of the warrant, reviewing available allegations and court records, evaluating bond status, communicating with appropriate parties, considering whether relief should be requested from the court, preparing for surrender when necessary, and beginning the defense of the underlying criminal charge.

What can actually be accomplished before surrender depends on the individual case.

But when someone knows about a warrant in advance, that time can be valuable.

Gainesville Arrest Warrant Lawyer — Landsman Law

Matt Landsman is a Board Certified Criminal Trial Lawyer with more than 20 years of criminal-law experience representing people accused of crimes in Gainesville, Alachua County, and throughout North Central Florida.

If you learn that there is a warrant for your arrest, the most important questions are not simply whether a warrant exists, but:

Why was it issued? What charge does it involve? Is there a bond? What happens if you surrender? And what can be done to protect you in the underlying criminal case?

Getting those answers before an unexpected arrest may allow you and your attorney to make informed decisions about what happens next.

Frequently Asked Questions About Florida Arrest Warrants

How do I know if I have a warrant in Gainesville?

The warrant may appear in court or law-enforcement records depending on the circumstances. A criminal defense attorney can also investigate the existence and nature of a suspected warrant. Do not assume that an unverified online entry tells you everything about the case.

Will police call me before arresting me on a warrant?

They are not generally required to give you advance warning simply so you can prepare for the arrest. Police may attempt to locate and arrest the person named in an enforceable warrant.

Can an attorney keep me from going to jail on a warrant?

Sometimes an attorney may be able to seek relief concerning a warrant or address release issues before surrender, but hiring an attorney does not automatically cancel a warrant or guarantee that custody can be avoided.

Can police come into my home with an arrest warrant?

An arrest warrant can provide limited authority to enter the residence of the person named in the warrant when the constitutional requirements described in Payton v. New York are satisfied. Entry into a third party’s residence raises different Fourth Amendment concerns under Steagald.

Can I be arrested on a Florida warrant in another county?

Yes. A warrant does not necessarily protect someone merely because that person is outside the county where the criminal case originated. Florida Chapter 901 expressly addresses execution of warrants and arrests occurring outside the county of issuance.

What happens if my warrant has “no bond”?

A no-bond designation can prevent immediate release through ordinary booking procedures. Counsel should determine why the warrant contains that designation and what procedure, if any, is available for asking the court to address detention or release.

What if I missed court accidentally?

The reason for the failure to appear can matter. Current § 903.046 specifically preserves judicial discretion regarding release conditions when a defendant proves that circumstances beyond the defendant’s control caused the failure to appear.

Should I run or hide if I have a warrant?

No. Avoiding an outstanding warrant can make the situation more disruptive and may adversely affect arguments concerning future appearance and release. The better approach is to determine what the warrant is for and obtain legal advice about addressing it lawfully.

---

Criminal Defense Lawyer Matt Landsman at Landsman Law helps people accused of crimes in Gainesville, Alachua County, Bradford County, Levy County, Gilchrist County, Baker County, Columbia County, Putnam County, Marion County and surrounding areas of north Florida. If you need help for yourself or a loved one, contact Criminal Defense Attorney Matt Landsman for a free consultation today. For help with any Criminal Matter from Board Certified Criminal Trial Lawyer Matt Landsman – CALL NOW

If you’re accused of any criminal matter, retaining an attorney is critical to protecting your rights. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.