What Happens When a Warrant Is Issued for Your arrest
Posted on December 29, 2010 in: Criminal Defense
To issue a warrant for arrest in Florida, a trial court judge must have 3 main criteria:
- there was a complaint filed charging the commission of a misdemeanor;
- the summons issued to the defendant was returned unserved; and
- the complaint and its evidence has been considered reasonable by the trial court judge.
The complaint may be filed by any party and may be supported by witnesses and/or evidence of the crime. For a warrant to be valid, the trial court judge must sign it before it goes into effect.
A warrant may also be issued for offenses that are normally tried summarily (through summons). When a trial court judge has reason to believe the defendant will not respond to a summons they may issue a warrant for arrest.
When a party files a complaint of criminal activity requiring arrest, the trial court judge must review the complaint, witness testimony, and any other supporting evidence before making their decision. Once issued, the warrant may be carried out by any peace officer regardless if they have the warrant in their possession or not.
If you are arrested and told there is a warrant present for your arrest you have the right to request to see the actual warrant as soon as possible. When you review the warrant, having a Miami criminal defense attorney with you can help determine the reasoning behind your arrest.
In some cases, the circumstances for your arrest may not follow the procedure as defined in the Florida Statutes. Upon arrest with a warrant, the officer must notify you that there is a warrant present. Warrants are directed to the sheriff of the jurisdiction and may be executed only in that jurisdiction unless the arrest is made during fresh pursuit.
If you have been arrested under warrant and believe the arrest was not handled appropriately a Miami criminal defense attorney can help. Your attorney will know how the Florida Statutes apply to cases of arrest with a warrant versus arrest without a warrant and examine your own situation for any wrongful conduct.
Contacting a Miami Criminal Defense Attorney
You are entitled to know all your legal rights before being prosecuted for any suspected criminal activity – including your right to legal representation. If you are facing criminal charges in South Florida, your legal team is your best defense. Contact the South Florida criminal defense team at Falk & Ross to discuss your case – 877-663-5110.
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