5 Reasons Why An Arrest Warrant Might Be Issued

By Jonathan Blecher on August 30, 2024

A photo of a small sign reading: Arrest Warrant

An arrest warrant is a legal document authorized by a judge or magistrate that permits law enforcement to arrest and detain an individual. The purpose of an arrest warrant is to ensure that there is a lawful basis for detaining a person suspected of a crime, thereby upholding the constitutional rights of the individual. Arrest warrants are typically issued based on probable cause, which means there is a reasonable belief that the person named in the warrant has committed a crime.

Legal Implications of an Arrest Warrant in Florida

Having an arrest warrant issued against you carries serious legal implications in Florida. It means that law enforcement officers have the authority to detain you at any time, which can lead to an immediate loss of freedom. Moreover, an arrest warrant can result in a criminal record, even if the charges are later dropped or you are found not guilty. The existence of a warrant can also complicate routine interactions, such as traffic stops or background checks.

Reason 1: Failure to Appear in Court

Court Obligations and Consequences

One of the most common reasons for an arrest warrant to be issued in Florida is failure to appear in court. When you are required to make a court appearance, whether for a criminal charge, traffic violation, or other legal matter, it is a legal obligation that must be fulfilled. Failing to appear (FTA) is taken seriously by the judicial system because it disrupts court proceedings and undermines the legal process.

Examples of Situations Leading to Failure to Appear

Situations that can lead to a failure to appear include:

  • Missing a scheduled court date for a traffic ticket.
  • Not attending a hearing related to criminal charges.
  • Failing to show up for a court-ordered meeting, such as a probation hearing.

If you fail to appear in court, the judge may issue a bench warrant for your arrest. This type of warrant is specifically issued for FTAs and authorizes law enforcement to take you into custody.

Reason 2: Probation Violation

Conditions of Probation

Probation is a court-ordered period of supervision that allows an individual to remain in the community rather than serving time in prison. It comes with strict conditions that must be adhered to, such as regular check-ins with a probation officer, attending mandated programs, and refraining from illegal activities. Violating any of these conditions can result in serious consequences.

Steps Taken When Probation is Violated

When a probation violation occurs, the probation officer will typically file a report with the court. The judge may then issue an arrest warrant for the individual. Common probation violations include:

  • Failing to report to the probation officer.
  • Testing positive for drugs or alcohol.
  • Committing a new crime.
  • Failing to complete required programs or community service.

Once an arrest warrant is issued for a probation violation, the warrant remains active and the individual will be taken into custody. It may lead to additional penalties, including extended probation, fines, or imprisonment.

A photo of an arrest warrant with cuffs and a judge's mallet

Reason 3: Committing a Crime

Types of Crimes That Can Lead to an Arrest Warrant

Committing a crime is a direct and obvious reason for an arrest warrant to be issued. Crimes that can lead to an arrest warrant range from minor offenses to serious felonies. Some examples include:

  • Theft and burglary.
  • Assault and battery.
  • Drug possession and trafficking.
  • DUI (Driving Under the Influence).
  • Domestic violence.

The Judicial Process Following a Crime

When a crime is committed, a police officer will investigate the incident. If they gather sufficient evidence indicating probable cause, they will present this evidence to a judge, who may then issue an active warrant. The judicial process involves several steps:

  • Investigation: Gathering evidence and interviewing witnesses.
  • Probable Cause: Determining that there is a reasonable basis to believe a crime was committed by the suspect.
  • Issuance of Warrant: A judge or magistrate reviews the evidence and issues the arrest warrant.
  • Arrest: Law enforcement locates and detains the suspect.
  • Arraignment: The suspect appears in court to hear the charges and enter a plea.

Reason 4: Failing to Pay Fines or Child Support

Obligations for Fines and Child Support Payments

Legal and financial obligations, such as paying court-ordered fines or child support, must be met. Failure to fulfill these obligations can lead to serious consequences, including the issuance of an outstanding warrant.

Legal Actions Taken for Non-Payment

When an individual fails to pay court-ordered fines or child support, the following steps are typically taken:

  • Notification: The individual is notified of the missed payment and given an opportunity to pay.
  • Contempt of Court: If the payment is not made, the court may hold the individual in contempt.
  • Issuance of Warrant: If the individual continues to fail in meeting their obligations, the court may issue an arrest warrant.
  • This process is designed to enforce compliance with court orders and ensure that individuals meet their financial responsibilities.

Reason 5: Investigation Evidence

Role of Evidence in Issuing Arrest Warrants

In some cases, an active arrest warrant is issued based on new evidence uncovered during an investigation. This evidence must establish probable cause that the individual committed a crime.

Evidence Leading to Warrants

Examples of evidence that can lead to an arrest warrant include:

  • Witness Testimony: New statements or information from witnesses.
  • Physical Evidence: Items found at the crime scene that link the suspect to the crime.
  • Digital Evidence: Emails, text messages, or social media posts that implicate the suspect.
  • Forensic Evidence: DNA, fingerprints, or other scientific evidence connecting the suspect to the crime.

When new evidence emerges, law enforcement presents it to a judge, who may then issue an outstanding arrest warrant if probable cause is established.

Get Strong Defense from a Top-Rated Miami Criminal Defense Attorney

If you are facing criminal charges in Florida, get the trusted criminal defense lawyer in Miami, Jonathan Blecher, on your side. Jonathan has successfully defended over 5,000 criminal cases, including more than 3,000 DUI cases. With extensive experience in both defense and prosecution, he knows how to exploit the weaknesses in the State’s case to your strategic advantage, achieving dropped charges or favorable plea deals before trial. To schedule your free consultation with experienced criminal defense attorney Jonathan Blecher, call us at 786-882-0410 or contact us online.

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