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Having a warrant in Florida or an upcoming bond hearing can be stressful. As a former prosecutor, Attorney Frost knows the intricacies of the Florida legal system and can help advise you every step of the way. Contact Frost Law today for a free case evaluation and start building your defense to achieve the best outcome for your case and protect your future.
This guide provides a comprehensive understanding of bail bonds and arrest warrants in Florida, covering their historical context and the intricate details of the process. It is designed for those facing legal troubles or those seeking to understand the legal system better.
Bail bonds serve as a means for individuals facing arrest to secure their temporary release until their trial. If someone cannot afford the full bail amount set by the court, they can enlist the services of a bail bondsman who charges a non-refundable fee, usually 10 percent of the bail amount. If the accused fails to appear in court, the bondsman becomes responsible for the entire bail amount.
There are a number of steps that an individual or their family follows to secure a bail bond after jail authorities set the amount based on the nature of the offense. Initially, the defendant or their family meets a bail bondsman. The bondsman is responsible for ensuring the defendant’s court appearance and asks the defendant or their family to pay 10% of the bail amount, such as $5,000.
Upon arrest, individuals are subjected to a “booking” procedure that can last from one hour to a maximum of 12 hours in some scenarios. In the case of DUI, release takes place only when the alcoholic content is lowered beyond a designated limit.
The duration of the booking process would depend on which county the provider is outside and certain factors (e.g., the nature of the charges).
Walk-thru is the fastest way to fast-track bail for those individuals with an arrest warrant by allowing them to post bond and promptly prevent further incarceration. In this process, you will arrange bond payment with a bail bondsman, complete the necessary paperwork immediately, and post the bond.
A walk-through can be seen as a good alternative for persons with arrest warrants who do not want to risk being taken into custody when it is at least convenient.
The accountability to the bail bondsman will be there until the pending case is over. The bond is effectively discharged if the case is dismissed, acquitted, or sentenced. Thus, any fines, fees, or court-imposed costs may not fall under the bail bondsman’s responsibility since his main task is to ensure that the defendant appears in court.
The bail bondsman needs to consider the severity of the charges and the bond amount. They can assist in getting court dates and sharing the bond conditions. Depending on the bond level, the bail bondsman may require the defendant to be available and obey limiting location criteria.
It is crucial to have a Florida criminal defense lawyer when negotiating with a bail bondsman because your attorney may offer important information on bond terms to help safeguard your rights.
A Capias warrant refers to an issued order by a court directing the police, where applicable, to seize and take the accused person before the court. It is generally only issued when the court finds a person’s presence necessary.
Capias warrants are distinct from arrest warrants, given after formal charges have been filed against the defendant. A capias often occurs when a person misses a court date.
Capias warrants and arrest warrants have fundamental differences. Capias warrants are issued after formal charges have been filed, while arrest warrants allow law enforcement to take a person into custody before standard charges are filed.
Capias warrants may be issued for various reasons, such as misdemeanor charges, probation violations, felony charges, failure to appear in court, and more.
Once a capias warrant has been made available, individuals should verify whether the warrant is genuine and seek the advice of a competent criminal defense lawyer. An attorney may try to get the warrant recalled, have the charges dismissed without having to be present in court, and advise about the right steps to take. Voluntary turning in is usually a good idea to demonstrate cooperation and responsibility.
When apprehended, it is essential to factor in an individual’s right to be silent and not provide statements to police officers. An Arrested person has the right to remain silent.
The right to remain silent allows a person to stay silent so they do not self-incriminate and safeguards that legal representation is available in case of questioning. Law Enforcement officers are trained to ask questions that will cause someone to self-incriminate. Many people think they can outsmart law enforcement officers, and many of those people are wrong.
If an attorney is on their way, waiting for their arrival and asserting their constitutional right to silence should strongly be considered.
Usually, a Capias warrant will involve a higher bond amount than standard bonds for the same offense. Most capias warrants are held with a minimum of $2,000 bonds. However, judges issue no-bond capias orders depending on the circumstances.
Bonds in capias warrants may differ, although usually greater than typical bonds for the same crime.
In Florida, arrests can be made from probable cause, either with an arrest warrant or without it. The probable cause test means that there is enough evidence a person probably has committed a crime.
Arrest warrants refer to written orders issued by a judge that specify the offense charged, the name of the individual involved, the date of issue, and the amount for bail.
Notices to Appear (NTAs) is the legal term for an arrest in Florida, usually after a misdemeanor offense. NTAs stipulate that parties make court appearances, and failing to do so leads to an arrest warrant.
Florida arrest warrants must be written, specifying the crime, offender’s name (or details in case unknown), when and by whom, and county where they were issued, and signed by the judge. Some charges do not require a bond, so there is a First Appearance before the judge.
There are cases where law enforcement officers can make arrests without an arrest warrant based on probable cause. Florida Rules of Criminal Procedure 901.65 authorize this. However, people brought into custody without a warrant need to appear before a judge within 24 hours of the First Appearance.
At this point, it is important to have a criminal defense attorney because he can challenge probable cause and ensure that the arrest follows the right protocols.
In Florida, law enforcement is typically required to see a misdemeanor offense to make an arrest. However, there are certain exceptions to this rule where a warrantless arrest may be permissible:
Notices to Appear (NTAs) require an appearance before the court but do not require a person to be taken into custody. They have the same legal consequences as physical arrests. NTAs require individuals to appear in court at a specified date and time—failure to comply results in a warrant being issued and the person being taken into custody. Police officers sometimes give NTAs rather than making physical arrests.
Do you have questions about a warrant for your arrest in Florida or have an upcoming bond hearing? Contact the experienced team at Frost Law for a free consultation and case evaluation. As a former prosecutor, Attorney Frost can guide you through the process step by step, ensuring your rights and freedoms are protected.
Bail bonds allow individuals to avoid prolonged pretrial detention and maintain their freedom until trial.
In Florida, the bail amount is ordinarily based on the accusation’s severity.
If the defendant’s case is dismissed, the bail bond is effectively canceled.
The court issues a capias warrant when the defendant’s presence is required before the court.
Validate the warrant, contact a criminal defense lawyer, and consider surrendering yourself voluntarily.
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