An active arrest warrant for a crime in Palm Beach County or any other county in Florida often arises from missing a court date or a violation of probation, but it can also be from a new investigation that has reached the point of the police making an arrest.
Whether it stems from a missed court date, an unpaid fine, a probation violation, or an ongoing criminal investigation, waiting for law enforcement to find you is never the right strategy. Every day that passes increases the risk of an unexpected arrest at your home, workplace, or during a routine traffic stop by the police.
The sooner an arrest warrant is dealt with, the better the outcome once the person gets to court. Delays in handling an arrest warrant in Florida are often held against the person by the judge and the prosecutor. This can sometimes impact the ultimate result of the case.
Options for Handling an Arrest Warrant
An arrest warrant is a judge's order for the police to take a person to jail. As criminal defense lawyers, we are careful how we handle outstanding arrest warrants (capiases) for our clients. The judge's court order to take a person into custody must be respected and followed.
There are, however, various options for proactively handling the outstanding arrest warrant in Palm Beach County or any other Florida county. These can include:
(1) asking the judge to recall the warrant in a motion to the court,
(2) turning yourself in at the jail by yourself,
(3) contacting a bondsman to walk you through the booking process and bond you out right away, and
(4) taking a lawyer with you to meet with the police officer.
Motion to Recall Capias (Warrant)
A defense lawyer can file a Motion to Recall Capias in some situations. If the arrest warrant was issued for failure to appear at a court date, then a motion is the best way to handle the warrant. A person could also just show up at the jail and turn themselves in, but this will probably result in more time spent in jail while the issue is resolved.
After filing a Motion to Recall Capias, the lawyer will ask the judge to set the motion for a hearing. The judge will usually allow the person an opportunity to be heard about why they missed court. Such a court date is also a chance to resolve the case, especially if the case is a misdemeanor.
Even if a lot of time has passed between the missed court date and the motion hearing, filing a Motion to Recall Capias is still the best option for handling a warrant issued for a missed court date.
A good criminal defense lawyer will advocate strongly to the judge for the warrant to be recalled. An even better criminal defense lawyer will first ask the prosecutor if they will agree to the warrant being recalled, so that the judge is more likely to recall the warrant. Such an agreement often, but not always, avoids a motion hearing altogether, depending on the circumstances.
A Motion to Recall Capias is not an option for a new felony arrest warrant based on probable cause that a crime has occurred. Florida law requires a person to be booked on a felony warrant on a new case.
Some judges will not grant a Motion to Recall Capias, or even set a hearing for such a motion; rather, they expect the person to turn themselves in at the jail pursuant to the court's arrest warrant. This is most common for warrants like violation of probation warrants, although even those can often be resolved with a motion or agreement with the prosecutor.
Turning Yourself in on an Arrest Warrant
If you know you have an active arrest warrant, you can turn yourself in at the county jail. However, you should consult with a criminal defense lawyer to make sure this is done the right way because the day of the week and the time of day that you turn yourself in could determine how long you sit in jail before seeing a judge and asking to be released.
This is an important occasion for hiring a local criminal defense lawyer who practices regularly in your jurisdiction. A local Palm Beach County criminal defense lawyer, for example, should know which judges hold what type of hearings on what days of the week. A person can spend several extra days in jail just based on when they turn themselves in on a warrant. This is because they may have to wait to see a particular judge.
Turning yourself in with a lawyer and/or a bondsman, depending on the situation, will help you find out if the warrant already has a bond associated with it, or if you have to see a judge in order to get a bond set.
Meeting with an Investigating Officer
Should you meet with the investigating officer on the case? Sometimes an officer will contact the person they intend to arrest and ask them to meet with them in order to get their side of the story. However, this usually means they already intend to make an arrest.
There is usually no advantage to meeting with the officer if an arrest warrant has already been issued by a judge. At Fore and Pribble PLLC, clients often hire us to reach out to police on their behalf. If an arrest warrant is already issued, we know what to do, depending on the client's particular situation.
If an arrest warrant has not yet been issued, then that means the investigation is still open. It might be beneficial to provide some information to the officer or prosecutor through a lawyer. But a person should never do that on their own without a lawyer.
Proactive Surrender and Bond Negotiations
If a physical surrender on the warrant is required, a knowledgeable local criminal defense lawyer puts you in the best position. Having a criminal defense lawyer ahead of time to help you handle your arrest warrant gives you an advantage by starting your defense off strong. At Fore and Pribble PLLC, the advocacy we provide for our clients in Palm Beach County early on in the case often sets the stage for a favorable resolution later in the case.
A lawyer can arrange to have their client surrender directly before a judge, or request a bond reduction to set release conditions right away. Some criminal charges have no bond at all by law in Florida, but there is always an opportunity to ask for a bond to be set, or to have the bond reduced.
Consult with a Lawyer Right Away
In conclusion, if you try to handle your arrest warrant on your own, you might be arrested unexpectedly or spend extra time in jail. Detectives or investigating officers will often play more fair when there is a lawyer involved. In other words, if you have a lawyer who is willing to help you resolve the warrant, the police will often extend a professional courtesy to the lawyer by allowing you to arrange a time to turn yourself in. This allows you to have a bondsman ready to help you get out of jail as soon as possible.
If You Are Under Investigation for a Crime in Palm Beach County, Florida
If police have contacted you to speak with you about a crime, contact Fore & Pribble. We have prevented arrests by advising clients not to speak with police, by arranging to accept a Notice to Appear in court instead of an arrest (for a misdemeanor), and negotiated immunity from prosecution where a client was under investigation in a murder case.