Arrest Warrants, Alias Capias, Bench Warrants, Fugitive Warrants and other detainers

ARREST WARRANTS

Although police officers need an arrest warrant to arrest a person in their home, an arrest warrant is not generally required. In fact, arrests made pursuant to an arrest warrant are not very common. In most instances, police officers make arrests based upon probable cause at the scene of the crime or shortly thereafter. In certain situations, however, police officers seek the issuance of an arrest warrant. Typically, arrest warrants are issued in the following types of cases:

Complex Multi-Defendant Cases: These cases typically involve complex and detailed factual scenarios that are presented to a judge for approval of the warrants. Charges typically include conspiracy, RICO/racketeering, organized fraud and drug trafficking offenses.
Wanted Person: Police officers also seek the issuance of an arrest warrant if a person cannot be located following the commission of a crime. For example, in instances where a police officer is unable to locate the accused person, he or she may seek the issuance of an arrest warrant. The warrant remains outstanding until the person is arrested. This may happen during a simple traffic stop or may involve pursing investigative leads to find the person’s whereabouts.
Outside of Jurisdiction: Another instance where an arrest warrant is sought is when the subject of the warrant lives outside of the jurisdiction of the arresting police agency. The person may live in the same state or even the same county, but jurisdictions limitations may prevent officers from effectuating an arrest without a warrant. In these circumstance, the officer will solicit an arrest warrant for the subject of their investigation.

In Miami, judges typically issue alias capias warrants when a person fails to appear for a felony court hearing. Oftentimes, the warrants are issued as “no bond” warrants, meaning that the person cannot bond out of jail until he or she has a hearing before the judge who issued the warrant. At this hearing, the judge will determine if the person’s failure to appear was willful or if it was inadvertent. If the judge finds that the person failed to appear because of confusion or mistake, the judge could reinstate the bond or issue a new bond. If, on the other hand, the judge determines that the person purposefully failed to appear and tried to abscond, the judge will hold the person without a bond until the case is resolved. In any instance it is important to have an attorney present at this hearing so that he or she can explain to the judge the person’s reason for missing a court date and request the person’s release.

Judges issue bench warrants when a person fails to appear for a misdemeanor court hearing. Typically, when the judge issues the bench warrant, the judge will impose a new bond. Soon after the person’s release from jail, he or she will receive a new court date notice. It is important that the person appear at the hearing or make arrangements for an attorney to appear on his or her behalf. Oftentimes, misdemeanor cases can be resolved without the person ever having to appear in court if he or she hires an attorney.

Fugitive warrants are typically issued by judges in other states for individuals either living or found in Florida. Many times, a Florida resident may visit another state and is alleged to have committed a crime. If the person is not immediately arrested, the judge from the foreign state will issue a fugitive warrant for the person’s arrest in Florida. Another common scenario occurs when a person is found traveling either by airplane or ship and upon their return the person is arrested on a warrant from their home state. Many times in the confusion of the warrants transmittal from the foreign state, the person is held without a bond and must await their return to the requesting state. This is usually a lengthy process and requires unpleasant travel. Retaining an attorney in Florida, should be your first step in order to establish communication with the requesting state. Paramount in this initial discussion is getting the requesting state to agree to a bond so that the person can be released from jail and make the trip to the requesting state on his or her own accord.

Out-of-county warrants are issued by counties within Florida for a person living or found in Miami-Dade County. The warrants can stem from simple traffic violations to more serious felony offenses. Oftentimes, the warrants are issued after a person failed to appear for a court hearing, failed to respond to a summons or was not located by the arresting agency in their jurisdiction. Many times, because of the processing of the warrant, a bond amount may not be affixed to the warrant causing the person to remain in jail until they are transported to the requesting county. It is important to hire an attorney at this stage to attempt to negotiate a bond with the requesting state so that the person can bond out of jail before being transported to the requesting county.

Typically, a hold for an agency is placed on a person who is the county jail, but is wanted by a federal agency, typically the United States Marshall or the Federal Bureau of Prisons. These detainers are placed on people who are either serving time in the federal system or who are wanted by the federal courts. If a person is wanted by the federal courts, it is important to hire an attorney to represent the person when he or she arrives at the federal facility. If the person is making an initial appearance you should have an attorney on standby to make their appearance on behalf of the person. Similarly, if the case is already pending in the federal system, it is important to hire an attorney to represent him or her against the accusation of federal crimes.

Following a person’s arrest, the police officer may indicate a hold for a magistrate. This prevents a person from immediately bonding out of jail and requires that the person appear before the first appearance judge to request a bond. Hold for magistrates are commonly seen in drug trafficking cases or in cases involving the theft of large amounts of money. The primary purpose of this hold is to have the judge impose a Nebbia requirement on the bond. A Nebbia condition requires that the person demonstrate to the prosecutor and judge that the money being utilized for payment of the bond comes from a legitimate source of income and not illegal obtained proceeds. In this instance, the person has to present evidence that the person who is paying the bond has legitimate employment, pays taxes and will not be reimbursed for paying the bond. The process is quite detailed and usually requires the assistance of an attorney.