Out-of-State Resident With Warrants in Florida
Florida is not only a popular travel destination for individuals throughout the nation, people often come here to work on a temporary basis before they return to their home states. Whatever the reason for your visit, if you commit a crime in Florida and have an outstanding warrant for your arrest, you face serious consequences. Even if you are not aware of the warrant and are no longer in the state, a warrant generally remains active until the court recalls it or it is otherwise resolved. That is separate from whether a prosecution is timely or an execution delay creates a defense under section 775.15 or constitutional law. This will cause serious problems if left unaddressed, which makes consulting a criminal defense attorney crucial.
Valiente Law, a premiere criminal defense practice located in Miami, represents out-of-state residents with warrants in Florida. Even if you committed a minor offense, an outstanding warrant can come back to haunt you. Our legal team routinely handles misdemeanor and felony offenses and has a proven history of protecting the rights of out-of-state residents who have been accused of a crime in Florida. When you work with us, you will have peace of mind knowing that your outstanding warrant is in good hands.
What is a Florida arrest warrant?
An arrest warrant is a document issued by a judge to law enforcement over an alleged crime which allows the police to arrest and detain a suspect until a hearing. If you have left the state and there is an outstanding warrant against, you may not learn of it until another event occurs, such as an employment background check. In any event, an outstanding warrant can have an adverse impact on your life.
Types of Arrest Warrants in Florida
There are two types of arrest warrants — misdemeanor and felony warrants.
Misdemeanor Arrest Warrants
A first-degree misdemeanor can authorize up to one year in jail; a second-degree misdemeanor generally authorizes up to 60 days under section 775.082. The actual charge and any enhancement control. Typically, the individual who was arrested or given a ticket is aware that a warrant was issued. In some cases, however, an individual may be unaware of an arrest warrant, including when a court issues a warrant after the person has left Florida. In this situation, the person will likely be charged and an arrest warrant issued even if they are no longer in Florida.
The consequences for travel, voting eligibility, or firearms depend on the applicable law, the underlying charge or conviction, and court orders. A warrant alone does not establish every one of those restrictions. At Valiente Law, our legal team defends out-of-state clients with misdemeanor arrest warrants issued in Florida. When you consult us, we can file a petition on your behalf to withdraw the warrant and work with the court to complete the process, often without you needing to return to the state.
Felony Arrest Warrants
A felony is classified by authorized punishment of more than one year, not by a guaranteed minimum one-year sentence. Depending on the offense and sentencing rules, a particular case may result in probation, a shorter custodial term, or a substantial prison sentence. A person who has been accused of a felony and left the state of Florida may be discovered through traffic violations or background or credit checks.
What is extradition?
An individual with a Florida criminal warrant may face interstate extradition, depending on the charge, warrant, and applicable procedures; extradition is not limited to serious violent felonies. This means that the individual will be arrested in another state and brought back to Florida where release or detention depends on the court’s orders and applicable law. If you have been extradited due to an outstanding felony arrest warrant, Valiente Law can help. We understand the legal and procedural issues involved in these cases and will provide you with first-rate representation.
Contact Our Out-Of-State Resident With An Arrest Warrant Attorney!
The consequences of an outstanding arrest warrant can be serious. If you are stopped by the police for a traffic violation in your home state, for example, a Florida arrest warrant may show up when the arresting officer runs a background check, which means you will be arrested and face potential extradition depending on the nature of the offense. Regardless of whether you have an outstanding warrant for a misdemeanor or a felony, it is crucial to work with the right criminal defense attorney.
Ultimately criminal arrest warrants remain on your record until you resolve the underlying matter that led to the warrant being issued. The best decision you can make to protect your freedom, your future, and your reputation, is to consult Valiente Law. The sooner you contact us, the sooner we can begin defending you. Please contact our office today for a free consultation.
