Probation Violation and Arrest Warrants in Florida
- McMann, P.A.
- Jan 1
- 4 min read
Updated: Apr 6
An arrest warrant in Florida is a legal document that allows law enforcement to arrest and detain a person suspected of a crime. These warrants are sought by the district attorney's office and granted by judges or magistrates after reviewing evidence and finding probable cause that the person named in the warrant committed the crime.
execution of a search warrant
Types of Warrants
There are various types of warrants, such as arrest warrants, search warrants, failure to appear or capias warrants, extradition warrants, felony warrants, and violation of probation warrants.
The laws regarding violations of probation are outlined in Florida Statute 948.06. If you are accused of breaching a probation condition, a warrant may be issued. A breach can be categorized as either a "material respect" violation or a "technical violation."
Breach of Probation can have serious consequences, including
jail time, fines, and extended probation
Arrest Warrants
An arrest warrant permits the arrest and detention of an identified individual based on particular accusations of criminal conduct. Typically, arrest warrants are issued when the criminal act was not witnessed by the police. However, if a crime is committed in the presence of police officers, no warrant is necessary, and the police can make an arrest without one.
Search Warrants
The Fourth Amendment safeguards individuals against unlawful searches and seizures, mandating that law enforcement must possess both probable cause and a valid warrant to search your residence, workplace, or property. A search warrant must detail the property to be searched, the documents or items being sought, and clarify the purpose of the search. It outlines the evidence law enforcement is seeking in connection with a specific crime and criminal statute.
Capias Warrants
In Florida, a "capias warrant" (also referred to as an alias capias or bench warrant) is a judicial order for the arrest and detention of an individual who has not appeared in court or has not adhered to prior court directives, typically after missing a scheduled hearing.
Extradition Warrants
In Florida, an extradition warrant, also referred to as a fugitive warrant, is a legal document issued by one state (the demanding state) seeking the return of an individual accused or convicted of a crime who is found in another state (the asylum state).
Felony Warrants
In Florida, a felony warrant is a legal document granted by a judge that permits law enforcement to arrest and hold a person suspected of committing a felony, which is a crime that carries a minimum sentence of one year in state prison.
Violation of Probation Warrants
Violating probation terms, like missing a probation officer appointment, breaking curfew, failing a drug test, skipping a substance abuse treatment session, or associating with known criminals, can lead to consequences, such as your probation officer initiating an arrest warrant, which is then signed by a judge.
Child Support Warrants
If you are required to provide child support to a former spouse or partner and fail to make payments on time, a family court issue can become a criminal matter. A judge may issue an arrest warrant for not paying child support or for not attending a child support hearing.
Material Respect Violations
In Florida, a material respect violation of probation or community control occurs when a probationer or offender commits a new violation of the law. A judge or law enforcement officer can issue a warrant for the arrest of the offender. At the first appearance hearing, the court will inform the offender of the violation. If the offender admits the violation, they may be ordered to appear before the court that granted their probation or community control. If the offender denies the violation, the court may commit them or release them with or without bail. Probation can be revoked if the offender violated their probation in a material respect and a judge can sentence an offender to up to one year in jail for violating their probation.
Technical Violations
Technical violations are not considered new crimes, and they can include failing to attend probation appointments, failing to pay probation-related fees or fines, failing a drug or alcohol test, violating curfew, failing to complete court-ordered community service, not attending required counseling or rehabilitation programs, neglecting to report changes in address or employment or even traveling without prior authorization.
State police authorities issue arrest warrants and are responsible for promptly carrying them out. Individuals can be arrested at any location, including their residence, place of work, on a public road, or even in a different state. Nevertheless, authorities must uphold the individual's constitutional rights, such as the right to silence, legal representation, and being informed of the grounds for their arrest.
If you are confronted with an arrest warrant in Florida, it is essential to quickly contact an experienced criminal defense attorney. Consulting with a lawyer will allow you to examine your options, handle the arrest warrant, and secure representation in court. Do not ignore or evade the warrant, as this could worsen your situation and result in further charges and consequences.
We Can Quickly Resolve Your Bench Warrant
Do You Have A Bench Warrant in Florida?
Don't risk being arrested or turning yourself in; reach out to our criminal defense attorney for assistance. In many cases, we can have your warrant lifted within 24 to 48 hours without your presence in court.
If you are charged with a crime in Florida, attending court is mandatory. Missing your court appearance will result in the judge issuing a bench warrant, which authorizes law enforcement to arrest you. Although having an open warrant is a serious matter, our criminal defense attorney has the expertise to address it effectively.
At McMann, P.A., we are dedicated to vigorously advocating for our clients and safeguarding their rights. Reach out to our office for a complimentary consultation for a thorough review of your situation.
Mark D. McMann
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