Category: Warrants · Statute: Florida Rule of Criminal Procedure 3.121 · Source: Florida Legislature
Understanding Capias Warrant in Florida
In Florida, a capias warrant (sometimes referred to as a bench warrant or a writ of capias) is a specific type of arrest order issued directly by a judge, rather than initiated by a law enforcement officer's sworn affidavit. Translated from Latin as "that you take," a capias commands law enforcement to immediately arrest the named individual and bring them before the court. This warrant typically arises in two distinct scenarios: when a defendant fails to appear for a scheduled court hearing after being formally charged, or when the State Attorney’s Office files formal charges (an Information or Indictment) against an individual who is not currently in custody.
The key distinction between a capias and a standard arrest warrant lies in the timing and origin within the Florida criminal justice process. While a standard arrest warrant is generally used during the investigative phase before formal charges exist, a capias is issued after the court has already assumed jurisdiction over a case. Because a judge has already reviewed the charging documents or witnessed a direct violation of a court order—such as missing a mandatory docket sounding or trial date—a capias bypasses the typical law enforcement application process and goes straight to police databases for execution.
How a Capias Affects Bail in Florida
When a capias warrant is issued in Florida, it heavily impacts the defendant's eligibility for pretrial release. Judges often issue a capias with a "no bond" status, meaning the individual cannot simply post bail at the jail upon arrest. Instead, the defendant must remain in custody until they are brought before a judge for a first appearance hearing or a motion to set bond, where their attorney must argue why they are not a flight risk or a danger to the community.