Avoiding An Arrest Warrant

Florida county criminal judges may issue a bench warrant or capias for anyone who has violated probation or been charged with a crime. If you or a loved one has been in trouble with the law, here are some helpful tips that can help to avoid having a judge issue a warrant to arrest:

1. Go to all trial and pre-trial court dates.
2. Abide by the pretrial release terms.
3. Do not get arrested for a new criminal charge.
4. Pay all outstanding fines and court costs on your criminal case.
5. Complete all assigned community service.
6. Complete the drug/alcohol evaluation and treatment.
7. Do not test positive for drugs.

Comply with all instructions from the court during your criminal proceedings to avoid the court's issuing a bench warrant. Weak excuses such as forgetting the date are frowned upon by the court and depending on the judge they may not withdraw the warrant. Certain judges may simply not tolerate the failure to show up in court if notice has been provided. With good legal representation, you may sway the courts in your favor by providing additional information that you would not know to tell the judge without an attorney at your side.

If a capias has already been issued, what usually happens is that your attorney can file a pleading requesting that the trial court withdraw the capias. While it is impossible to predict whether or not the trial court will grant that request, it is safe to say the trial judge will more likely see the defendant is taking his case seriously and responsibility for his actions by hiring a private attorney to advocate on his behalf. The best thing to do, if you can afford it, is hire a private criminal defense attorney to represent you on the request to remove the capias. A lawyer can tell you how the criminal justice procedure works according to the unique circumstances of your case.

It is also important to contact an experienced criminal defense lawyer if the Judge issues a warrant or capias for your arrest because of a new criminal arrest or a violation of probation. Retaining an experienced criminal defense attorney is your first step to protecting your rights. Attorneys that handle criminal cases in the county you are charged in is familiar with how the courts work locally. In the event a lawyer you speak to promises a specific result, you should be wary. The lawyer is likely to be telling you what he or she thinks you want to hear in order that you retain the lawyer. Even if an attorney practices at the same courthouse everyday, he or she cannot predict a judge's actions. Retain an attorney who you believe will advocate aggressively on your behalf.


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Ryan Rooth is a former prosecutor and Pinellas County, Florida criminal defense lawyer. If you have been arrested or have questions about criminal law, claim your FREE e-book providing help on your Florida criminal case, available at =>http://www.roothlawgroup.com