Fort Lauderdale Bench Warrant Lawyer
Learning that a bench warrant has been issued for your arrest is alarming. When an individual fails to appear in court or violates a court order, a "bench warrant" will be issued by the Court. This will alert all law enforcement to take action and take you into custody when they make contact, whether that stems from a routine traffic stop, at work, or even contact at your home. In many cases, depending on the severity of the crime, the warrant will trigger law enforcement to proactively search for you and effectuate an arrest.
If you have been issued a bench warrant, it is crucial to understand your rights and options and to take action before the situation escalates. The Law Offices of Dave L. Simmons P.A. 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.
What Are the Different Reasons a Judge May Issue Bench Warrant?
Bench warrants, also known as a "Capias" in Broward, are a specific type of warrant issued directly by a judge due to a person’s failure to comply with court requirements. In Broward County, courts may issue bench warrants for various reasons:
- Failure to appear. If you miss a scheduled court date—whether it’s for a violation of a court order, misdemeanor, or felony case—the judge may issue a bench warrant for your arrest. This type of warrant is issued when the court is unaware of any 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.
- Violation of Release Conditions. If a person is released on bond or pretrial release, a violation of these "release conditions" can trigger a bench warrant. For example, if an individual fails to "check in" with a pre-trial officer or commits a new law violation, the court will issue a bench warrant.
- 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 probation revocation, potentially leading to jail or prison time.
- Failing to Comply with Court Orders. 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. Failing to complete court orderd programs may also trigger a bench warrant.
- Picking up new charges. This one goes without saying. If you are charged with additional offenses and are not yet in custody, the court will issue a bench warrant.
What are Possible Consequences of a Bench Warrant?
A bench warrant isssued in Broward County can be very detrimental both leagally and personally.
- Denial of bail or stricter release conditions. If an individual has a history of missing court dates, a judge may revoke his bond status and hold the person with "not bond" or may impose stricter conditions on the bond status.
- Warrants Appear on Back Ground Checks. Having an active bench warrant may negatively impact your ability to gain employment and can prevent your from traveling.
- Suspension of your driving privilege. In Florida, the Department of Highway Safety and Motor Vehicles may suspend your driver's license in many cases when there is an active bench warrant.
- Increased Penalties. Having an active bench warrant can lead to new substantive charges. For example, an individual's "failure to appear" in court when properly summoned by the court can lead to a new criminal charge. Florida Statute 901.11 provides for new criminal charges for failing to appear in court without good cause.
How Our Fort Lauderdale Bench Warrant Lawyer Can Help?
- Filing a Motion to Vacate the Warrant. In many cases, our lawyer can attest to the court or negotiate with the State that the "failure to appear" was due to an emergency, improper notice, or some other circumstance beyond your control. In many cases, especially in misdemeanor cases, the warrant may be vacated without a court hearing.
- Motion for in-court surrender. A Motion for In-Court Surrender offers an alternative to jail surrender. This legal strategy allows you to appear in court with your attorney rather than being processed through the jail system. An experienced Fort Lauderdale Bench Lawyer knows which judges may be open to this legal procedure.
- Provide Legal Representation for the Warrant and the Underlying Case. Our lawyer can provide a "global strategy" for representation for both the warrant and the outstanding case.
Your Rights During Warrant Execution in Broward
When law enforcement arrives with a bench warrant, it is essential to know your rights:
- 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 bench 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.
