Felony Warrants (Alias Capias)

A felony warrant is known as an alias capias.  It is issued when an accused person charged with a felony fails to appear for court.

Unlike bench warrants in misdemeanor cases, a capias may cause you to be extradited back to Florida should you leave the state, possibly the country.  This, of course, really depends upon the seriousness of the charge.

More than likely, however, if you are caught in another Florida county, you will remain in your local jail before Miami-Dade or Broward extradites you back to face your charges.

Unlike a bench warrant, you can't just post another bond and get out of jail.  When you are taken into custody for a capias, you will remain in jail unless your criminal defense attorney is able to either get your bond reinstated, or get you a new bond.

If you simply fail to appear for court, it will be difficult to get a bond reinstated.  If there is a good reason why you did not appear, then a good lawyer may be able to use that reason to persuade the court to give you another chance.

If you have left the state and the bond is old, you may (and I stress may) be able to get the warrant disposed of and the case resolved without your appearance in court.  This is rare, so expect that if you want to resolve an old felony warrant, you will have to get on a plane and come back to Florida.

Felony warrants may also be issued for probation violations, known as a probation violation warrant.  These are issued when you are accused of violating your probation.  It is wise to contact an attorney if you know that a warrant has been issued. This way, your attorney can surrender you in court and could possibly resolve your violation without you having to spend time in jail.

I handle warrant issues for clients in Miami-Dade and Broward.  Call today to discuss your matter.

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