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What Happens When You Get Pulled Over With An Active Bench Warrant

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By now you know that bench warrants do not just go away. Even if they are decades old, they will literally follow you around until you are dead (and it's arguable that they will continue to follow you even after that).

Bench warrants and alias capias are issued if you miss your court date. The judge will issue a warrant for your arrest and state and local police agencies around the country will be able to access this information should you be pulled over.

Warrants in Miami-Dade and Broward can be accessed by police agencies within about a day of being issued. Police agencies outside the state can likely access the information shortly thereafter.

One of the ways in which people are arrested on bench warrants is when they are pulled over for a traffic violation.

So if you are in Florida or you have left the state, it doesn't matter. If you are pulled over for a traffic violation anywhere in the country, the officer will be able to access that information from their patrol car.

If the warrant is a misdemeanor bench warrant and you are outside of the state in which it was issued, the warrant is likely a non-extradition warrant, which means the police officer could let you go. If you are anywhere in the State of Florida and you have a bench warrant out of Broward or Miami-Dade, you will likely be taken in on the warrant.

Misdemeanor bench warrants often have bond amounts attached.

A felony warrant, an or alias capias, is almost always a no-bond warrant. This means that if you are in the State of Florida when you are stopped and you have an outstanding capias, you will be arrested and held without a bond until you are brought to the jurisdiction. This is called extradition.

If you are stopped outside of Florida with an outstanding felony warrant, it will depend on whether the warrant instructs law enforcement officers to extradite when outside of Florida. Some do, some don't. Namely the less serious felonies, such as grand theft and possession of cocaine, will not involve extradition if the subject is located out of state.

However, serious felonies require extradition warrants and the State of Florida will seek to have you brought back into the jurisdiction.

Probation violation warrants for felonies are always no-bond warrants. Probation violations for misdemeanors may have bonds attached.

If you have an outstanding bench warrant in Miami-Dade County or Broward County, you should contact a bench warrant lawyer to set the warrant aside. Many times, the accused need not appear in court to set aside a warrant. The attorney can set the warrant aside without the client's presence.