Discovering that there is a warrant for your arrest can be frightening, particularly if you were unaware that a warrant had been issued. Whether the warrant resulted from a missed court date, an alleged probation violation, a new criminal charge, or another issue, ignoring it generally will not make it disappear.
If you have a Broward County arrest warrant, addressing the matter proactively may give you and your attorney more options than waiting until you are unexpectedly arrested. Depending on the circumstances, a criminal defense attorney may be able to ask the court to recall or quash the warrant, arrange for you to appear before the court, or help address bond and other issues associated with the warrant.
What Is a Broward County Arrest Warrant?
An arrest warrant is a court order authorizing law enforcement to take an individual into custody. Warrants can arise at different stages of a criminal case.
For example, a judge may issue a warrant when someone fails to appear for a scheduled court proceeding. The Broward County Clerk of Courts specifically warns that failure to appear for a felony court date can result in an arrest warrant, forfeiture of bond money or collateral, and potentially being held without bond following a subsequent arrest.
A warrant can also be issued in connection with new criminal allegations or other court proceedings. The precise reason for the warrant is important because it can affect how an attorney approaches resolving it.
Can You Get a Warrant Removed in Broward County?
Potentially. However, a warrant does not simply disappear because someone contacts the Clerk of Court or explains why they missed court.
Depending on the circumstances, an attorney may seek to have a warrant recalled or quashed by the judge assigned to the case. The Broward County Clerk defines “quash” as to annul, make void, or terminate.
Whether a judge will recall or quash a warrant depends on the facts of the individual case. Relevant circumstances may include why the warrant was issued, the underlying criminal charge, the person’s previous court appearances, the reason for any failure to appear, bond status, and the person’s history in the criminal justice system.
Because the appropriate procedure varies, speaking with a Fort Lauderdale criminal lawyer before taking action can be important.
What Should You Do If You Learn You Have a Warrant?
The first step is to determine exactly why the warrant was issued. Broward County maintains an online court case search that allows the public to search felony and misdemeanor criminal cases.
However, finding a court record online does not necessarily tell you the best way to resolve the warrant.
A criminal defense attorney can review the case docket, identify the type of warrant involved, determine what led to its issuance, and evaluate the available options. Depending on the situation, the attorney may then contact the appropriate court, file a motion, request a hearing, or advise the client regarding surrender and bond arrangements.
The important point is not to assume that every warrant is handled the same way.
Can a Lawyer Get a Warrant Recalled Without You Going to Jail?
In some cases, an attorney may be able to ask the judge to recall or quash a warrant without the defendant first being arrested. That result is not guaranteed.
For example, when a warrant arose because of a missed court appearance, an attorney may be able to explain the circumstances surrounding the absence and request that the court withdraw the warrant and schedule another court date.
The judge ultimately decides whether to grant such a request.
If the warrant cannot be recalled beforehand, an attorney can still help the client understand what to expect and determine whether there are steps that can be taken concerning surrender, bond, or a court appearance.
What Happens If You Ignore an Arrest Warrant?
Ignoring a warrant can expose you to an unexpected arrest.
An outstanding warrant may become an issue during an encounter with law enforcement, including circumstances unrelated to the original criminal case. Instead of being able to prepare for the situation with an attorney, a person could suddenly find themselves being taken into custody.
A missed court date can create additional complications as well. As the Broward County Clerk explains, failure to appear may result not only in a warrant but also in bond forfeiture or the possibility of being held without bond following re-arrest.
Taking action promptly allows an attorney to investigate the situation and determine whether there is a legal avenue for addressing the warrant before an arrest occurs.
What If the Warrant Was Issued Because You Missed Court?
Failure to appear is one reason an arrest warrant may be issued in Florida. Florida’s Rules of Criminal Procedure, for example, provide for issuance of an arrest warrant when a person who signed a written notice to appear fails to respond to that notice.
There can be legitimate reasons why someone fails to appear. A person may have moved and never received notice, confused the date, experienced an emergency, or misunderstood whether attendance was required.
That does not automatically cancel the warrant.
An attorney can determine what happened, document relevant circumstances where appropriate, and ask the court for relief. Broward County also emphasizes that defendants are responsible for keeping the Clerk’s Office informed of their current address so that they can receive notices regarding court dates.
How Long Does a Warrant Stay Active in Broward County?
You should not assume that a Broward County arrest warrant will simply expire after a certain amount of time.
If you discover an old warrant, the safer approach is to have a criminal defense attorney investigate its current status rather than assuming that the passage of time resolved the problem.
An older warrant can be especially surprising to someone who has moved away from Florida or believed that an old criminal matter had already been completed.
Why Hire Hassett & Associates, P.A. for a Broward County Warrant?
When dealing with an arrest warrant, experience with Broward County’s criminal justice system can be valuable.
Kenneth P. Hassett is a criminal defense attorney with more than 34 years of experience representing clients in South Florida. His professional background includes leadership in the local criminal defense community. He has served as President of both the Broward Association of Criminal Defense Lawyers and the Florida Association of Criminal Defense Lawyers – Miami Chapter.
Hassett & Associates, P.A. represents individuals facing criminal matters throughout Broward County and maintains a Broward office in Fort Lauderdale. Attorney Kenneth P. Hassett and his firm handle a wide range of criminal defense matters, including bond hearings and other proceedings that can become important when an individual is facing arrest.
Speak With a Fort Lauderdale Criminal Lawyer About Your Warrant
If you believe you have an outstanding Broward County arrest warrant, do not assume that your only option is to wait to be arrested. The appropriate response depends on why the warrant was issued, the underlying case, your court history, and other circumstances.
A knowledgeable Fort Lauderdale criminal lawyer can investigate the warrant, explain your legal options, and determine whether it may be possible to ask the court to recall or quash it.
Contact Hassett & Associates, P.A. to discuss your situation with attorney Kenneth P. Hassett. Addressing an outstanding warrant proactively may provide an opportunity to resolve the issue in a more controlled manner and begin dealing with the underlying criminal case.
