An Arrest with a Warrant vs. an Arrest without a Warrant in Florida

One of your first rights after you have been arrested in Florida is to have a Miami criminal defense attorney present for your questioning. When you are arrested, the issuing of a warrant in Florida may or may not have taken place. Because there are so many reasons an arrest may be made, it’s important to have a Miami criminal defense attorney to review your case and determine if a warrant was necessary. 

When a Warrant in Florida is Necessary for an Arrest 

When a complaint has been filed by a party against the defendant and a trial court judge determines arrest to be necessary they must issue a warrant in Florida for the arrest. There are 3 main circumstances that must apply for a trial court judge to issue a warrant in Florida: 

  • a complaint was filed charging the commission of a misdemeanor;
  • the summons issued to the defendant was returned unserved; and
  • the complaint and its evidence has been considered reasonable by the trial court judge. 

When a warrant in Florida is issued it is typically for previously committed or persisting criminal activity. Florida Statutes maintain that a peace officer making an arrest by warrant in Florida must do so by informing the defendant of the cause of arrest. They must also disclose that a warrant in Florida has been issued, although they do not need to have the warrant in hand to make the arrest. 

As a defendant, you have the right to request to see the warrant as soon as possible. You should then have the warrant reviewed by a Miami criminal defense attorney immediately.   

When a Warrant in Florida is Not Necessary for Arrest 

There are many circumstances where arrest without a warrant in Florida is lawful. These may include: 

  • when the defendant committed a felony or misdemeanor in the presence of an officer;
  • an officer has reasonable belief that a felony has been committed by the defendant;
  • a warrant has been issued but is held by another peace officer for execution;
  • the defendant violates any of the laws in Chapter 316 of the Florida Statutes in the presence of an officer;
  • there is probable cause the defendant committed a criminal act with a firearm;
  • there is probable cause the defendant committed an act of domestic violence;
  • there is probable cause the defendant committed an act of child abuse;
  • there is probable cause the defendant committed battery, criminal mischief, or a safety zone violation;
  • a signed affidavit was provided to the arresting officer by another law enforcement officer of the U.S. Government identifying that the defendant committed a misdemeanor in the presence of a law enforcement officer on military property;
  • the defendant committed trespass in a secure area of an airport; and
  • the defendant committed assault upon a law enforcement officer, firefighter, emergency medical care provider, public transit employee, or other similar agent. 

This list is not all-inclusive and there are many other reasons why a defendant may be arrested with or without a warrant in Florida. Because of the varying circumstances in criminal arrests, it is important to have a Miami criminal defense attorney on your side to make sure the proper legal process is being followed. 

Your Legal Rights when Arrested in Florida 

The officer making the arrest must inform you of the reason they are arresting you and whether or not a warrant in Florida has been issued for your arrest. You are entitled to the reading of your rights (known as Miranda Rights) in regards to your arrest. During a lawful arrest, the officer may search your person and the area surrounding you for the purpose of protecting themselves from attack, preventing you from escape, or discovering the evidence of the crime. Seizure of any items during the search is reasonable only for the same purposes. 

Through the entire arrest process if any conduct or reason seems questionable you should immediately request the presence of a Miami criminal defense attorney. In some cases, the absence of a warrant in Florida during an arrest could drastically impact your case. 

Contacting a Miami Criminal Defense Attorney 

You have the right to a Miami criminal defense attorney during the proceedings following your arrest in Florida. If you are facing criminal charges in South Florida, your legal team is your best defense. Contact the Miami criminal defense attorney team at Falk & Ross to discuss your case – 1-877-663-5110.

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