So, you’ve heard the term “bench warrant,” but what does it really mean, especially in Florida? A bench warrant isn’t issued by the police; it comes straight from a judge and gives law enforcement the green light to arrest you.
This article provides a comprehensive look at bench warrants in Florida. We’ll cover why a judge might issue one, what the consequences are, and most importantly, how to resolve the situation.
Understanding bench warrants is crucial. Ignoring one won’t make it disappear; in fact, it can lead to serious trouble. If you think you might have a bench warrant out for your arrest, acting quickly and seeking legal advice is the smartest move you can make. Let’s dive in.
What is a Bench Warrant?
A bench warrant is an order issued by a judge when someone fails to follow court rules or doesn’t show up for a required court appearance.
Bench Warrant vs. Arrest Warrant
While both bench warrants and arrest warrants authorize law enforcement to take someone into custody, they’re issued under different circumstances.
An arrest warrant is issued when there’s probable cause to believe that someone has committed a crime. A bench warrant, on the other hand, is often issued because someone failed to appear in court (FTA).
Reasons for Issuance
There are several reasons why a judge might issue a bench warrant in Florida:
- Failure to Appear (FTA): This is one of the most common reasons. If you’re scheduled to appear in court for a hearing, trial, or any other proceeding, and you don’t show up, the judge can issue a bench warrant for your arrest.
- Violation of Court Orders: If you violate a court order, such as failing to pay child support or violating a restraining order, a judge can issue a bench warrant.
- Ignoring a Traffic Ticket: Believe it or not, simply ignoring a traffic ticket can lead to a bench warrant. In addition to the warrant, your driver’s license may also be suspended.
What happens if there’s a bench warrant out for me in Florida?
If a judge issues a bench warrant in your name, here’s what you should know:
Immediate Arrest
Florida law enforcement can arrest you pretty much anywhere, at any time.
Failure to Appear (FTA) Charges
Missing a court date can lead to a separate charge called “Failure to Appear.” The penalties depend on the initial charge.
Potential Penalties for FTA
- Misdemeanor FTA: You could face up to a year in jail and a $1,000 fine.
- Felony FTA: The penalties can include up to five years in prison and a $5,000 fine.
Long-Term Impacts
Having a bench warrant and FTA on your record can cause problems later on. You might have a harder time getting a job, and it could limit your ability to travel. These things can also show up on background checks.
Finding out if you have a bench warrant in Florida
If you’re worried you might have a bench warrant out for your arrest in Florida, you can take steps to find out for sure.
Official sources
Here are some official sources that may have information about outstanding warrants:
- Florida Department of Law Enforcement (FDLE) Website: You can search the FDLE’s website for outstanding arrest warrants at no charge. Keep in mind that this database is updated every 24 hours, so it may not have the most up-to-the-minute information.
- Local Sheriff’s Offices: Check the website for the sheriff’s office in the county where you think the warrant may have been issued.
- Clerk of Court Websites: Search the court records in the county where you believe the warrant originated.
Important considerations
A couple of things to keep in mind as you’re searching:
- Warrants might not be listed. Some warrants, sometimes called “pocket warrants,” may not show up in online databases.
- Update frequency varies. Although the FDLE database updates every 24 hours, the update schedule for local sources may be different.
Clearing a Bench Warrant in Florida
If you suddenly discover there’s a bench warrant out for your arrest, don’t panic. Here are some steps you can take to clear it.
Contacting an Attorney
Having legal representation in these cases is key. An attorney can guide you through the warrant process and may be able to achieve a more favorable outcome than you would on your own.
Under some circumstances, an attorney can file a motion to withdraw or quash the warrant.
Surrendering to Authorities
Another way to deal with the warrant is to surrender to law enforcement. This usually means you’ll have to appear before a judge before you can be released on bond.
An attorney can negotiate with the court on your behalf, which may lead to a more favorable resolution in your case.
Addressing the Underlying Issue
The best way to clear a bench warrant is to take care of the underlying issue that caused it to be issued in the first place. For instance, if the warrant was issued because you failed to appear in court, reschedule that appearance as soon as possible.
If the warrant was issued because you violated a court order, take steps to rectify that situation. For instance, if you were ordered to complete a certain number of hours of community service, get back to work and complete the hours. If you were ordered to stay away from someone, make sure you do.
Specific Scenarios and Considerations
Bench warrants are fairly common, and they can arise from a variety of situations.
Traffic Tickets
It might seem hard to believe, but something as simple as ignoring a traffic ticket can lead to a bench warrant for your arrest and a suspension of your driver’s license.
If you simply can’t make your court date, for whatever reason, reach out to the court or your attorney as soon as possible. You may be able to request a continuance or reschedule the hearing.
Out-of-County Warrants
If the warrant was issued in a Florida county other than the one you’re currently in, that can trigger extradition procedures. You may be held in jail until the sheriff from the county that issued the warrant comes to get you.
It’s always a good idea to consult with an attorney to fully understand your rights regarding extradition.
Statute of Limitations
The statute of limitations — the time the state has to bring charges against you — applies to the underlying charges, and this can definitely affect how the warrant is resolved.
An attorney can advise you on whether the statute of limitations has expired, and whether that expiration affects your case.
Frequently Asked Questions
How to clear a bench warrant in Florida?
The best way to clear a bench warrant in Florida is to contact a qualified attorney immediately. A lawyer can help you understand the reason for the warrant and advise you on the best course of action. Typically, this involves voluntarily surrendering to the court, often with your attorney present, to address the underlying issue that led to the warrant’s issuance. Do not attempt to resolve the matter yourself without legal guidance, as this could worsen the situation.
How long does a bench warrant last in Florida?
In Florida, a bench warrant generally remains active indefinitely until it is either executed (i.e., you are arrested) or recalled by the court. There is no expiration date. This means that law enforcement can arrest you at any time if they encounter you and the warrant is still active. It’s crucial to address a bench warrant as soon as possible to avoid unexpected and potentially disruptive arrest.
What happens if you have a warrant in Florida?
If you have a warrant in Florida, you risk arrest anytime you interact with law enforcement. This could be during a traffic stop, at your home, or any other public place. Upon arrest, you’ll likely be taken into custody and held until you can appear before a judge. Depending on the reason for the warrant, you may face additional charges, fines, or jail time. Ignoring a warrant will not make it go away; instead, it will likely complicate matters further. Seek legal counsel immediately.
The Bottom Line
A bench warrant in Florida is a serious legal matter, and failing to address it can have significant consequences for your freedom and your future. Ignoring the warrant won’t make it go away; in fact, it will likely make the situation much worse.
If you think there’s a bench warrant out for your arrest, the first thing to do is contact an experienced Florida attorney. Your lawyer can help you determine if a warrant truly exists and advise you on the best course of action.
In many cases, the best approach is to voluntarily surrender to the authorities, ideally with your attorney present. Your lawyer can also negotiate with the court on your behalf to potentially recall the warrant and minimize the potential penalties you might face.
Don’t delay. If you suspect you have a bench warrant in Florida, seek legal advice immediately to protect your rights and resolve the situation as quickly and favorably as possible.