Category: Warrants · Statute: F.S. 901.02 / 933.01 · Source: Florida Legislature
Understanding Types of Warrants in Florida in Florida
In Florida, a warrant is a formal legal document issued by a judge that authorizes law enforcement officers to take a specific action, such as arresting an individual or searching a property. Under Florida Statute Section 901.02, a judge may issue an arrest warrant if, after examining the petition and affidavits, they find probable cause to believe that an offense was committed and that the person named committed it. Understanding the distinctions between these warrants is critical, as they originate from different stages of the criminal justice process and carry different legal requirements for execution.
The primary types of warrants in Florida include arrest warrants, search warrants, bench warrants, capias warrants, and extradition warrants. While an arrest warrant is typically initiated by law enforcement during an active investigation, a bench warrant is issued directly "from the bench" by a judge, most commonly when a defendant fails to appear for a scheduled court hearing. A capias warrant is issued after the State Attorney’s Office files formal charges (an Information or Indictment) against a defendant who is not currently in custody, while extradition warrants govern the transfer of individuals wanted for crimes in other states.
How Warrants Affect Bail in Florida
The type of warrant issued directly dictates how bail and pretrial release are handled. When a judge signs an arrest warrant or a capias, they often pre-set a specific bail amount on the face of the warrant, allowing the individual to post bond immediately upon arrest. However, for bench warrants involving a failure to appear, judges frequently issue a "no bond" hold, meaning the individual must remain in custody until they are brought before the issuing judge to explain their absence. Extradition warrants also typically result in a hold without bond while the interstate transfer process is coordinated.