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Bench Warrants

Recent Posts in Bench Warrants Category

  • Broward County May Administratively Dismiss Old Misdemeanor Warrants

    In recent years, Broward County Courts have begun administratively (without a hearing or without notice to the defendant) dismissing bench warrants for misdemeanor crimes that are considerably old; like 20, 30 years old. If you were arrested in the Fort Lauderdale area - even if you were just issued a Notice to Appear - in the 80s or 90s and you never appeared in Court, check the Clerk of Court's ...
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  • What To Do When You Fail To Appear In Felony Court

    Failing to appear in Circuit (Felony) Court is significantly more serious than failing to appear in County (Misdemeanor) Court. When you fail to appear before a Circuit Court judge in Miami-Dade, Broward, or Palm Beach, an alias capias (AC or Capias) is issued. Most of the time, a Capias comes with a no-bond hold. This means that you will remain in custody until you see the judge. If you are ...
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  • Surrendering On A Warrant or Probation Violation

    If you have an outstanding warrant , you may want to speak with your criminal defense attorney about surrendering in court on the warrant instead of turning yourself in to law enforcement. An in-court surrender may result in the judge releasing you from the courtroom. It may also help you to avoid going into custody if the matter can be resolved right then and there (say for a technical violation ...
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  • Bench Warrants That Are More Than One Year Old

    If you miss your court date, you know that you likely have a bench warrant . A bench warrant should be taken care of as soon as possible. However, if you never received a court notice in the mail and you come to realize that a bench warrant has been issued for you in Miami-Dade, Broward, or Palm Beach, it's not too late to take care of the matter. Even if the bench warrant is more than one year ...
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  • The Bench Warrant Process: How Long Do You Have?

    You have a court hearing scheduled for 9 a.m. You realize, at noon, that you missed court . You start to panic. Has a bench warrant or alias capias been issued? Are the police out looking for you? Before you go into a frenzy, slow down. Panicking has never solved anything. If you missed your court appearance, you need to take quick action. Call an attorney right away . Here is the typical process ...
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  • Bench Warrants: Out-of-State and International Issues

    When you have a bench warrant (misdemeanor) or an alias capias (felony), life can be pretty unnerving. At any moment, you could be taken into custody. That may also apply when you are outside of the State of Florida. If you have a felony warrant of any kind, including a probation violation warrant, you can expect to be extradited should you be picked up anywhere outside of the county in which the ...
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  • Bench Warrants: Arraignment Versus Day of Trial

    A bench warrant is a big deal to begin with. A judge has issued an order directing law enforcement to take you into custody for having missed court. For misdemeanors, the warrant will likely come with a dollar amount that you may pay as a bond if you are arrested. For felony warrants (alias capias), there is no bond amount. You must be physically brought before the judge before a bond ...
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  • Bench Warrants For Criminal Traffic Offenses

    In Miami-Dade and Broward, it is not uncommon to receive a bench warrant for a DWLS (driving while license suspended) charge simply because you did not know to go to court. Many DWLS and even NVDL (no valid drivers license) charges do not result in physical arrests. You are likely issued a citation by the officer. This is a promise to appear (PTA) which means that you must appear in court. ...
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  • What Happens When You Get Pulled Over With An Active Bench Warrant

    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 ...
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  • Bench Warrant And Alias Capias Facts

    Bench warrants and alias capias can be unsettling. You may not have realized that you had a court appearance. All of a sudden, you may be pulled over in another state or you go to apply for a job or a loan and somebody tells you that you have a warrant. I am a bench warrant attorney serving clients in Miami-Dade and Broward. However, many of my clients come from all over the world. Many clients ...
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  • What You Should Know About Bench Warrants

    A bench warrant is an order requiring that you be taken into custody for failing to appear in court. Bench warrants are issued with bond amounts, meaning that if arrested on an outstanding bench warrant, you may post a bond to be released from jail. Other types of warrants, such as alias capias warrants (felony warrants) and probation violation warrants are usually no-bond warrants. Bench warrants ...
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  • I Missed My Court Date

    It is a very common situation. You are arrested for a felony or misdemeanor, and either do not get notice of your court date in the mail or you completely forget to go. This is even more common when issued a written promise to appear (PTA) , as you are supposed to receive a court notice in the mail. That depends on whether the police officer took down your correct address and whether the folks in ...
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  • Bench Warrants

    A bench warrant is a warrant issued by a County Court judge for failure to appear in court on a misdemeanor or criminal traffic charge, such as DUI , driving while license suspended (DWLS) , reckless driving, and leaving the scene of an accident (LSA) . Unlike felony warrants, a County Court judge in Miami-Dade or Broward will set a bond amount for the bench warrant. This means that if you are ...
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