120 S. Olive Ave., Suite 402
West Palm Beach, FL 33401

I Have a Warrant in Palm Beach County, Florida what should I do?

A man arrested awaits the judge to use his gavel to render a decision.

A man arrested awaits the judge to use his gavel to render a decision.

In the criminal justice system, a warrant for your arrest can be caused by several different factors. The leading factor for why a warrant appears for your arrest in Palm Beach County, Florida is that you missed a scheduled court date which is called an FTA or failure to appear. Failure to appear is the leading cause of all warrants being issued in Palm Beach County, FL. Missing a court date will likely have the judge issue a warrant or a capias for your arrest. Many times after being arrested for a criminal traffic citation, like dui or for a misdemeanor crime, like possession of marijuana, a “notice to appear” or an “NTA” will be provided to you. The “NTA” is an informal arrest that provides you with a court date, location and the allegation for which you were arrested. In most cases, you are made to sign for the “NTA” which is also proof that you signed for your upcoming court date.

Many times after signing the notice to appear for your court date, the court date may change and you may not receive notice of the changed court date. You may forget about the court date. You may have moved your address and did not provide proof of the changed address to the clerk of courts and therefore, did not receive the new court date in the mail. You may have just put the court date out of your memory and hoped that it would just go away and they would forget about it. You may have been arrested for another criminal offense, which violates the pre-trial release of the “NTA” and hence a warrant is issued for your arrest or you are scared or concerned that your release or bond status will be revoked and you will go to jail. There may be other reasons why you missed the court date or why the warrant or capias was issued for your arrest. But nevertheless, missing your court date will result in a warrant or capias being issued for your arrest and action is needed immediately.

Why is immediate action necessary, when a warrant for my arrest is issued in Palm Beach County, FL? Action is needed immediately, when there is a warrant or capias issued for your arrest in West Palm Beach, FL because the police will come to your house, job, place of education, or stop you in public and take you into custody on the open warrant. In custody, you will sit until a judge of competent jurisdiction can hear your open warrant matter. The judge of competent jurisdiction can hear your warrant matter in as little as 24 hours in what is known as your “First Appearance” or it can take as long as it takes to have the issuing judge schedule the hearing date to recall the warrant or capias that he or she issued.

So, by hiring an experienced criminal defense lawyer, who handles open warrants, failures to appear, and all capias warrants, the lawyer can get the warrant recalled; schedule a hearing to get the matter placed back on the judge’s active docket; and in many cases get a stipulated agreement from the Assistant State Attorney to have the warrant recalled. Therefore, many times the client is alleviated from even appearing in court on the warrant issue.

Here, is an example of the language used and motion sample to recall a capias or warrant. Please understand this is only for training purposes.

MOTION TO RECALL OPEN WARRANT OR CAPIAS

Comes now the defendant, [Name of client] by and through his/her undersigned attorney, Andrew D. Stine, and moves this honorable court to recall the capias or warrant issued in the above-styled cause on the following grounds: [HERE ATTORNEY ANDREW D STINE WILL ARTICULATE THE FACTS OR GROUNDS TO ALLIEVATE THE WARRANT].

WHEREFORE, the defendant prays that this honorable court grant the foregoing motion and recall the warrant or capias and place this matter back on the active docket. I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered to the office of the Honorable [JUDGE THAT ISUSED WARRANT OR CAPIAS], State Attorney [PROPER ASSISTANT STATE ATTORNEY THAT HANDLES THE DIVISON OF JUDGE THAT ISSUED THE WARRANT OR CAPIAS], Florida, this [DATE].
Respectfully submitted,
s/ ANDREW D. STINE, ESQ.

120 South Olive Ave, Suite 402

West Palm Beach, FL 33401

561 832 1170

andrewdstine.com

As an experienced criminal defense lawyer, Andrew D. Stine has been recalling warrants and capiases for his clients for over a decade in Palm Beach, Martin, St. Lucie, Indian River, Okeechobee and Broward counties. Andrew D. Stine will work for you or your loved ones to get their warrant or capias recalled and to free you from the anguish regarding the thoughts that the police may apprehend you before action is taken to recall the warrant or capias. Hire Stine or Do the Time.

Share this Article

This entry was posted in Florida Criminal Process, and tagged , , , . Bookmark the permalink. Follow any comments here with the RSS feed for this post. Both comments and trackbacks are currently closed.

Post a Comment

Your email address will not be published. Required fields are marked *