(813) 252-1529Warrant Lawyer in Tampa
Providing Proper Legal Representation to Challenge Search and Arrest Warrants
The criminal justice system thrives on paperwork. From filings and motions to orders and warrants, these documents tell court officials and defendants what to do and provide necessary information on each case. Many criminal cases involve warrants — either a search warrant or an arrest warrant. These documents have different functions, but they both apply to many types of criminal cases, which means it’s important to understand what they are and how they function. Here’s what people in the Tampa Bay area need to know about both kinds of warrants.
Whether you’ve been served with a search warrant or you’ve become aware that there is a warrant out for your arrest, you need the help of an experienced criminal defense attorney. Call Patrick B. Courtney today at (813) 252-1529 to schedule a free case evaluation and find out why you should hire him as your lawyer.
Is a Warrant Required for Arrest?
Florida law enforcement officers can take a suspect into custody without an arrest warrant if that suspect commits a crime that an officer directly observes. Driving under the influence arrests, for instance, are warrantless arrests.
But if someone is only suspected of perpetrating a crime, and when law enforcement officials and prosecutors have “reasonable cause” for that suspicion, those officials will usually ask a judge to issue an arrest warrant.
In many cases, people are unaware that they have an outstanding warrant for their arrest. It’s not uncommon for these warrants to be in place for months or even years. Many warrants are discovered when a person is pulled over for a minor traffic stop, and the officer runs their driver’s license. An outstanding warrant will pop up at this point, and the officer can make the arrest.
What Are the Leading Reasons for Arrest Warrants in Tampa?
An arrest warrant authorizes the police to arrest a person who is suspected of committing a crime. Arrest warrants in Florida are frequently issued for the following reasons.
Extradition
An extradition warrant is a type of arrest warrant that is issued when someone is a fugitive of the law in another state or country and needs to be brought back to where the offense happened to face criminal charges. For example, if someone commits a crime in Florida and is arrested in Maine, an extradition warrant may be issued to bring them back to Florida.
Extradition warrants are also used when someone who is suspected of committing a crime flees the country. The United States has extradition agreements with various other countries, but there are some countries that do not have these agreements, which means that a defendant could potentially evade arrest by staying in a nonextraditable country.
Failure to Make a Scheduled Court Appearance
Failure to appear (or FTA) is a leading reason for arrest warrants in Florida. If someone is cited for a first- or second-degree misdemeanor, rather than placing the suspect under arrest, a police officer may give the suspect a “Notice to Appear” (NTA). If the suspect is arrested, the booking officer may give the suspect a Notice to Appear if the suspect has ties to the community and does not appear to pose any danger to the general public.
The Notice to Appear will include the date, time, and place for the hearing. It is the defendant’s responsibility to ensure that they are able to meet this obligation. If they have retained legal counsel, the attorney may be able to ask the court for a continuance if there is a conflict.
After a Notice to Appear is issued, failure to appear as requested triggers an arrest warrant. This is why it’s imperative to ensure you know when all of your court dates are and are present and on time for each appearance.
A Felony Charge
It can take months for officers and investigators to gather enough evidence to bring felony charges against a defendant. Felony offenses are serious crimes, and the prosecution needs to have enough evidence to present its cases. Someone may not even be aware that they are under suspicion until an arrest warrant is issued. A warrant gives officers the legal authority to locate and formally arrest the defendant.
A Violation of Probation
Probation is often used as an alternative to incarceration for first-time offenders or those who aren’t considered a danger to the community. When someone is sentenced to probation, they are given a list of terms they must abide by. This usually includes avoiding any adverse interactions with police, testing negative for drugs and alcohol, and reporting regularly to their probation officer.
If someone violates any of these terms, probation is generally revoked, and the person must serve out their sentence in jail or prison. This means that an arrest warrant will need to be issued to bring the person back into custody.
What Is Required When an Arrest Warrant Is Issued?
In many situations, a suspect may not know that a judge has issued an arrest warrant. In Florida, felony arrest warrants are usually sealed — kept from the public — so that suspects don’t flee the state or evade arrest in some other way. Florida law requires arrest warrants to include:
- The date that the warrant is issued
- The county where the warrant is issued
- The name of the individual charged in the warrant
- The charge or charges against that individual
- The order to the police to arrest the individual
- The bail amount if the offense is bailable
- The judge’s signature
What Happens After an Arrest Warrant Is Issued?
If the charge is not bailable, your defense attorney — in some cases — may be able to schedule a bond hearing and persuade a judge to allow you to post bail. If you can come up with the required amount of money, you can be released from jail and are able to go home to await your hearing. If you can’t afford the bail amount, you may be able to work with a bondsman. A bondsman posts the bail for you in exchange for a fee and your promise to appear in court as ordered.
If you learn there is a warrant for your arrest, you should be prepared to turn yourself in. It’s your only practical option. You may be able to avoid the arrest procedure, which can be embarrassing if it happens at your place of business or home, and appear directly in court — accompanied by your lawyer — although some judges insist on a formal arrest first.
Can Police Search Me or My Property With an Arrest Warrant?
An arrest is the only thing that an arrest warrant authorizes. If a search is conducted, police officers must have a search warrant or the consent of the resident or property owner — with very few exceptions.
Arresting officers may search your “person” (your body, clothing, shoes, and pockets) to protect themselves while making an arrest, but that right does not include searching your home, vehicle, or workplace. If you are arrested in your vehicle, officers can search the vehicle. Officers can seize the vehicle since it is a place you occupied and conduct an inventory search. Tell your defense lawyer if you believe that an illegal search was conducted.
What Is Required When a Search Warrant Is Issued?
Florida’s Constitution establishes the rules for search warrants. Search warrants must specifically describe the evidence being sought, the nature of that evidence, and the location or locations to be searched. A precise, detailed description of any items to be seized must be included.
The word “curtilage” in a search warrant may include a yard, patio, garden, driveway, or any parts of a property outside of the main structure. A motor vehicle parked on the property may also be considered part of the curtilage.
Additionally, a search warrant must include a provision for the resident or property owner to receive a written inventory of any items that are seized.
If officers come to your home or business, ask to see the search warrant. If they can’t produce a warrant, do not allow them into the house and call an attorney immediately. It’s important to be polite but firm. If they come in anyway, repeat that you do not give permission for any search and contact an attorney. This can help you establish a basis for an illegal search and seizure later on, which could result in any evidence obtained through the search being ruled inadmissible in court.
How Do Tampa Defense Lawyers Deal With Warrants?
A Tampa criminal defense attorney can review both arrest and search warrants to ensure that they meet the law’s requirements. Some warrants have obvious problems.
When that happens, your defense lawyer can challenge the warrant by filing a motion that asserts that the warrant is defective and that the evidence against you should be suppressed or the charge or charges against you should be entirely dismissed.
Tampa criminal defense attorney Patrick B. Courtney has more than 24 years of legal experience. He’s worked as a prosecutor, so he knows what makes a warrant valid or invalid. He protects his clients’ rights and offers an aggressive, effective defense in every case.
Pat Courtney represents defendants who face criminal charges in Polk, Pinellas, Manatee, Hillsborough, Sarasota, and Pasco counties. Learn more by calling his law offices at (813) 252-1529 or by using the brief contact form on this website.
