WARRANTS... Perform a Warrant Search
During the course of an official investigation, a court may authorize a police officer to conduct a search or make an arrest. This permission to arrest someone or search their property is called a warrant. If a warrant is issued for your arrest or to search your belongings, it is essential that you be advised of your legal rights by an experienced attorney immediately. In the case of a bench warrant for missing a court date, we may be able to get the bench warrant set aside and get the case set back on the docket.
About Warrants and Bonds...
Courts issue warrants in a variety of circumstances. For example, law enforcement may enlist the help of the State Attorney to draft a search warrant, which will then be presented to a judge for approval. A similar process is employed when law enforcement does not initially arrest a suspect, but the State Attorney later decides to file charges. Once the charges are filed, the State can seek to obtain a warrant for the arrest of the defendant.
Arrest warrants can also be issued if you, as the defendant, receive notice of a court hearing and then fail to appear. It is also common for a court to issue a warrant when a probation officer files an affidavit claiming that you violated the terms of your probation.
An arrest warrant can be issued for either a misdemeanor or a felony, and may be with or without a bond. While most warrants are issued with a bond, warrants for a violation of probation are typically issued without a bond. If a warrant is issued to you with a bond, you may choose to either surrender to the jail, post bond and be released, or you can retain a Criminal Defense Attorney to request a reduction of the bond before you surrender.
After the bond is set, you may either pay the bond directly to the jail or obtain the services of a bondsman. If paid directly to the jail, the bond deposit is held in escrow and is refunded to the depositor at the close of the case. If the defendant posts his own bond, the court costs and fines may be deducted from the bond deposit before the balance is refunded. If a bondsman is retained, he will usually charge a fee totaling 10% of the total bond (e.g. $10,000 bond x 10% = $1,000 bondsman's fee). The bondsman will also require some kind of collateral such as, a credit card, a title to automobile or boat, or a title to property, in order to secure the defendant's commitment to appear for court. The bondsman then secures the defendant's release from jail by guaranteeing to pay the total bond amount should the defendant fail to appear in court.
Another method of posting bond is known as the "property bond". This utilizes the equity value of real estate to guarantee the bond directly with the court. This type of bond requires that the property exist in the State of Florida, and that its equity total more than the amount of the bond. For example, a property that has a tax assessed value of $200,000 and a mortgage of $150,000, has equity of $50,000. Therefore, the property could only be used for a bond that totaled less than $50,000. This type of bond also requires that the owner be willing to forfeit the property to the sheriff if the defendant fails to appear in court.
An Attorney can assist in the bond process in a number of ways. He can request that the court reduce the amount of bond, thereby saving the defendant money. He can also arrange for the surrender of the client to the court and request a bond reduction, both at the same hearing. He can also obtain the cooperation of the Sheriff's Department in postponing the arrest of the defendant while the surrender and bond hearing is pending with the court.
What We Can Do For You...
John O. McGowan, Esquire, is former prosecutor who has represented persons with arrest warrants in Collier, Lee, and other counties throughout Florida. Mr. McGowan, his associate attorneys and staff is prepared to advise and represent you before, during, and after a warrant is issued. Backed by 20 years of combined legal experience, John McGowan & Associates, P.A. can help you in several ways with a Florida arrest warrant, including:
Confirming whether a warrant has actually been issued and determining the amount of the bond was Ordered, if any;
Determining with the Client whether you should surrender to the jail or the Court and helping to arrange for your surrender if that is the best course;
Persuading the Court to set a bond, if none has been set, or to lower an existing bond in order to obtain your release from jail;
Advising and defending you against the charges.
It is important to understand that each situation is very different and individualized attention is necessary for your individual case.
If you need help defending yourself from issues with search warrants, failure to appear in court, or violations of probation contact us immediately to get our experience on your side. Our attorneys will serve you where you need us throughout Naples, Ft. Myers, and Southwest Florida.