MIAMI BENCH WARRANT ATTORNEY

A bench warrant or capias is an order issued by a judge calling for the arrest of an individual in the state of Florida. For misdemeanors crimes such as trespassing, and resisting without violence you are ordered to appear in court at a certain time and date. When the person fails to appear for a misdemeanor in Miami-Dade County, a Judge issues the bench warrant - authorizing law enforcement to arrest the person who failed to appear. Bench warrants are typically issued with a bond amount associated, meaning that if you are arrested on a bench warrant you may post the bond amount in order to be released from jail. In Miami-Dade County, if a person fails to appear for a felony, the Judge typically issues an arrest capias; the person who failed to appear will be arrested, and be unable to post a bond until at least seeing the Judge who issued the arrest.

While civil traffic violations do not require you to appear in court, criminal traffic violations such as DUI, driving with a suspended license, and leaving the scene of an accident require your appearance. Failure to be at the court room at specific date and time can result in a bench warrant being issued for your arrest. Whether you failed to appear because you did not realize it was mandatory to attend the court date, you had a legitimate conflict or you innocently forgot, it is critical that you work to resolve the issue as quickly as possible. With a bench warrant or arrest capias issued in your name, you are constantly living at risk of being arrested by police. This can take place at your home, place of work or during a routine traffic stop causing an unnecessary and incredibly stressful inconvenience for you and your family.

Even if you are not in the state of Florida, a bench warrant or arrest capias will show up in background and driver license checks. This can have a significant impact in your life as potential employers, creditors and lessors will view you as a fugitive on the run from the law. A bench warrant or arrest capias can also negatively impact your ability to apply for government benefits such as social security.

Defenses

The right attorney can help you deal with a bench warrant or arrest capias and avoid these unpleasant consequences. You may not even have to appear in court as your attorney can represent you in proceedings. An attorney may be able to file a motion to withdraw a bench warrant or arrest capias due to an inadvertent or unintentional failure to appear. The attorney may also be able to file motion to set the warrant aside allowing you to deal with the underlying charges without fear of arrest and provide support in resolving those charges.