Understanding the Different Types of Warrants in Florida

You may not have planned to get involved with the Florida criminal justice system, but a warrant can change that quickly. Whether you found out through a background check, a traffic stop, or an unexpected visit from law enforcement, learning that a warrant has been issued in your name is a serious matter.

Not all warrants in Florida are the same. Some are tied to active criminal investigations. Others are the result of a missed court date or a violation of probation. Regardless of the type, ignoring a warrant can lead to arrest, jail time, or worse. Knowing what kind of warrant you're dealing with and what it means for your case can help you make informed decisions about your next step.

This blog explains the different types of warrants in Florida, starting with arrest warrants, which are the most well-known and often the most urgent.

Arrest Warrants: What Triggers Them?

An arrest warrant gives law enforcement officers the authority to take you into custody. It must be signed by a judge and is usually issued after a sworn affidavit is submitted by police or the assistant state attorney, laying out probable cause that a crime has been committed.

Common reasons an arrest warrant may be issued include:

• An active criminal investigation
• A direct complaint filed by a victim or witness
• A criminal offense observed by an officer but requiring a judge’s review (often felonies)

The judge must find that probable cause exists based on the evidence presented. Once signed, the warrant authorizes law enforcement to arrest you at home, at work, or in public. Florida Statutes § 901.02 governs the issuance of arrest warrants in Florida.

While arrest warrants are issued in connection with alleged crimes, bench warrants are usually tied to missed court appearances or probation violations.

Bench Warrants: Issued for Missed Court Dates

A bench warrant is different. It doesn’t begin with a criminal investigation. It’s issued by a judge because you failed to appear in court when required. This could happen for:

• Missing a scheduled court date for a criminal charge
• Skipping a hearing related to probation, community control, or other court-ordered supervision
• Failing to comply with court orders, such as a subpoena or mandatory program

A bench warrant can lead to your arrest even for relatively minor matters, such as unpaid fines or unresolved traffic tickets. While the underlying case might not involve jail time, failing to show up in court can lead to custody, jail time, and additional charges.

Search Warrants: Focused on Property or Evidence

Unlike arrest and bench warrants, a search warrant doesn’t involve taking a person into custody. It focuses on property connected to a criminal investigation.

A search warrant authorizes law enforcement to search a specific location for evidence of a crime. This type of warrant does not automatically lead to your arrest, but it can result in the discovery of evidence that triggers one.

To obtain a search warrant, officers must provide a sworn statement showing probable cause and detailing:

• The location to be searched
• The items expected to be found
• The connection to a suspected criminal offense

Florida Statutes § 933.02 outlines the legal grounds for issuing a search warrant in Florida. These include situations where stolen or embezzled property is believed to be on the premises, where the property was used to commit a crime, or where it may serve as evidence of a felony. It also applies to violations involving gambling, obscenity, liquor laws, food and drug laws, and animal cruelty.

Executing a search warrant without following the proper steps may make the evidence inadmissible in court. If law enforcement has served one on you or your property, contact a Fort Lauderdale criminal lawyer right away to review how it was obtained and whether any rights were violated.

Whether it’s an arrest, bench, or search warrant, once a warrant has been issued, it remains active until it’s resolved.

Outstanding and Active Warrants in Florida

If there's an active arrest warrant or outstanding warrant against you in Florida, that means law enforcement is actively seeking to arrest you. These types of warrants don’t expire. They remain valid until:

• You are taken into custody
• You turn yourself in
• The court withdraws or recalls the warrant (which is rare without legal intervention)

In some cases, warrants can even cross jurisdictional boundaries. An out of county warrant may lead to your arrest even if you live elsewhere in Florida. If it’s an out of state warrant, extradition may be possible depending on the type of offense involved.

Active warrants in Broward County, Miami-Dade County, and across South Florida can often be checked online, but self-checking can be risky. Law enforcement databases may not be up to date, and logging in from a known IP address could flag your location.

What Happens After a Warrant Is Issued?

Once a warrant is active:

• You can be arrested by law enforcement officers at any time.
• Your name may be entered into state and national databases.
• You may face additional penalties for failure to appear or violation of a court order.
• You may need to retain legal representation immediately to address the warrant, especially if you are out on probation, community control, or involved in an ongoing criminal matter.

Some warrants allow for release on bond; others require you to remain in jail until you appear before a judge. A bond company may be an option, but not always. If your case involves a felony offense, the consequences may be much more severe, including mandatory jail or prison time.

Can You Avoid Arrest Once a Warrant Exists?

You may be able to avoid being taken into custody if your criminal attorney files the appropriate motions with the court. These may include:

• A motion to withdraw the warrant
• A motion to set a bond if one has not already been set
• Other motions to address violations or criminal charges

In some cases, a warrant lawyer may be able to arrange a voluntary appearance before the judge, allowing you to remain out of jail until your court date. This can show good faith to the court and may improve the resolution of your case.

What to Do If You Think There's a Warrant

If you suspect there may be a warrant in your name, how you respond matters. Even casual conversations with police can be used as evidence later.

• Don’t try to resolve it on your own.
• Don’t post about it on social media.
• Don’t explain your side to law enforcement.
• Do stay calm, remain silent, and speak to a Fort Lauderdale criminal lawyer right away.

You have the right to remain silent and the right to legal counsel. Using those rights wisely before saying or doing anything can help protect you from unnecessary charges or jail time.

Common Questions About Warrants in Florida

Q: Is a criminal warrant the same as an arrest warrant in Florida?

Yes. Florida law refers to these as arrest warrants under Florida Statutes § 901.02. The term criminal warrant is not a legal term in the statutes, but it’s sometimes used informally to describe an arrest warrant issued based on criminal allegations and probable cause.

Q: Can I be arrested in Florida for a warrant from another state?

A: Yes. Florida honors valid out of state warrants through extradition, especially if the warrant involves a felony.

Q: Do I have to appear in court if I’ve already bonded out?

A: Yes. Bonding out does not cancel your obligation to appear. If you miss a court date, a bench warrant can be issued, even for minor criminal offenses.

Q: What if I’ve never been notified that a warrant exists?

A: Not receiving formal notice doesn’t protect you from arrest. In many cases, a warrant is issued without direct contact, especially if it stems from a past traffic or misdemeanor violation.

Your Next Move Could Protect Your Future

If a warrant has been issued for your arrest, or you believe one might be pending, what you do next matters. Acting quickly may allow you to avoid arrest, address the charges, and protect your record.

My name is R. David Williams, a criminal defense attorney based in Fort Lauderdale. For more than 25 years, I’ve helped people across South Florida, from Fort Lauderdale to Miami-Dade County, resolve their legal issues with dignity and discretion. Whether it’s a criminal charge, missed court date, or a warrant issued without your knowledge, I will work with you to understand what happened and fight for a better resolution in your case.

Your online search for a “warrant attorney” brought you here for a reason. Let’s talk about how to handle this together.

Call me at (954) 522-9997 or complete the confidential online form to schedule your free initial consultation.

Knowledge | Experience | Integrity – R. David Williams

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The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Law Offices of R. David Williams, P.A.
15 Southwest 10th Street
Fort Lauderdale, FL 33315
(954) 522-9997
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