Broward County Warrant Search

June 10, 2018 by
Broward County Warrant Search

Broward County Warrant Search | Florida Warrant Search

You can conduct a statewide arrest warrant search or a specific Broward County warrant search using the links on this page.  The hyperlinks to the Florida Department of Law Enforcement and the Broward County Clerk of Court are below.  The police will usually not conduct a Broward County Warrant search for you if you call.  The police want you to turn yourself in.  I want to help resolve your problem without an arrest.  You might not have to go to jail.  If you have a warrant for your arrest and want to avoid jail,
call us at (954)990-0525 to see how we can help you.

A Word of Caution

If you believe that there is a warrant for your arrest, you are probably right. The police will arrest you anywhere in the State of Florida, and sometimes in other states, if there is an outstanding warrant for your arrest.  The police officer does not have the discretion to not make an arrest.  He is required to obey the court order and arrest you on the spot.  It does not matter what you are trying to do to fix the situation.  You need to take care of an arrest warrant as quickly as possible.  Call a criminal defense attorney immediately if you have a warrant and don’t want to go to jail.

Broward County Warrant Search

The first place that you should look to determine whether you have a warrant in a Broward County criminal case is the Broward County Clerk of Court.  Documents in a family law case, including domestic violence cases, are not available to the public online.  Use the FDLE warrant search below if you are looking for a warrant from a family law case.  Alternatively, call an attorney.  Attorneys with an account can access the documents online.

Instructions for Broward County Warrant Search

Click the blue link titled “Broward County Case Search” below.  Select “Felony” and “Traffic and Misdemeanor” as the court type.  If you are not sure, select “All.”  Enter your last name and your first name.  Click the “I am not a Robot” Recaptcha square.  Select the appropriate case.  It will probably, but not always, show its status as “pending.”   Scroll down to the warrants section once you have selected the appropriate case.  A warrant for your arrest has been issued if it says “capias issued.”  If it does not say “Capias Served” or “Capias Withdrawn,” call a criminal defense attorney immediately.

Link: Broward County Case Search

Caution, the police officer or the clerk might have spelled your name wrong.  It happens a lot.  Especially when there is a hypen in your last name.  Sometimes a warrant does not appear because it was issued recently.  If you suspect a spelling issue, use the case number search or the FDLE search below.  You should either check back often or call a criminal defense attorney as the records might not be up to date.

Florida Warrant Search

If you have an arrest warrant from anywhere in Florida it should appear on the Florida Department of Law Enforcement Public Access System.  Linking to the FDLE Public Access System does not always get good results.  Sometimes the website loads easily and sometimes it does not.  I am going to provide you with two ways to get to the arrest warrant search.

First, click on the blue link below titled “FDLE Wanted Person Search.”  It can take the better part of a minute to load.  If it loads, input your last name, first name, complete the captcha at the bottom and click the “Submit Search” button.  Your results will appear.

FDLE Wanted Person Search

If that doesn’t work, here is the second, longer way to get there.  Click on the blue link below titled “FDLE Website.”  Find the link that says “Search Wanted Persons.”  That will take you to the Public Access System home page.  Select the person icon on the left side of the screen.  Select “Wanted Persons” after clicking on the person icon.  Now you are on the FDLE Public Access System.  Follow the instructions set forth above.

FDLE Website

If you could not find the information that you needed or you are still concerned, contact a criminal defense lawyer for more assistance.  Everybody wants to know if they have an outstanding warrant.  Now that you know, you can find out more about arrest warrants below.

What is an Arrest Warrant?

An arrest warrant is a court order directing the police to arrest you when and if they have contact with you.  The officer must obey the court’s order.  The officer can’t “be cool” or give you a brake.  There is no excuse that will keep you from going to jail.  So if you are trying to address an arrest warrant, don’t unnecessarily put yourself in harm’s way.

Bail Bondsman

If you are dealing with a bail bondsman and do not appear for court, the bondsman can take you back into custody or hire somebody to take you back into custody.  Bail bondsmen are not law enforcement officers and do not have to arrest you.  If you have a private attorney, most bondsmen will give your attorney some time to address the warrant.

Types of Arrest Warrants

There are several reasons that there could be a warrant for your arrest.  This list is not all inclusive, but includes the most common types of warrants and the reason the warrant was issued.

Bench Warrant

If you fail to appear for a court date, the judge will usually issue a warrant for your arrest called a “bench warrant.”  The judge is permitted to, but does not have to, set a bond on the bench warrant.

Fugitive Warrant

A suspect is usually arrested at the scene of the crime or soon thereafter.  Sometimes there is a long investigation before the police make an arrest decision.  The police do not need an arrest warrant if there is probable cause for a felony, but what happens if the police don’t know where the suspect is?  The police will apply for an arrest warrant so other departments will know if a person is wanted.  Some people simply refer to this as an arrest warrant and it is sometimes referred to as a fugitive warrant.  The term “fugitive” as used in this sense does not necessarily imply that the suspect has fled or is attempting to flee the jurisdiction to avoid prosecution.

Violation of Probation Warrant

Your probation officer can request a warrant for your arrest if you violate the terms of your probation.  Your probation officer does not have to request a warrant to arrest you.  Similar to a fugitive warrant, it simply notifies other law enforcement officers that you are wanted for a probation violation.

Extradition Warrant

If you have a warrant for your arrest in another state, you can be arrested in Florida and held on the foreign arrest warrant.  During the time that you are held, the other state has to make a decision on whether to extradite you.  This is a complex area of law with numerous procedural requirements.  The assistance of an experienced criminal defense attorney is extremely important.

Child Support Warrant or Writ of Bodily Attachment

The state, with some degree of regularity, issues warrants for individuals behind in their child support payments.  If you have an outstanding child support warrant, you will want to speak with an attorney that has both criminal and family law experience if you have an outstanding child support warrant.  A writ of bodily attachment is also used in other civil cases as a means of enforcing contempt proceedings.

Pickup Orders

The court can issue a pickup order in certain cases which requires the police take an individual into custody.  Pickup orders are regularly issued in Baker Act and Marchman Act proceedings.  Under these circumstances, the police will typically take the individual to a mental health facility.

For additional information, please contact Fort Lauderdale Criminal Defense Attorney, Michael Dye at:
The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525

Filed Under: Arrest Warrant, Criminal Lawyer, Warrant Search Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Violation of Probation

October 15, 2015 by
Violation of Probation

Florida Criminal Law

What Happens if I Violate Probation?

Violation of probation proceedings are expedited.  Nevertheless, there are several Car Accident to a violation of probation proceeding. The proceedings typically go in the following order:

1) Charges & Report;
2) Custody and Terms of Release;
3) Discovery;
4) Hearing and Disposition.

What is a Violation of Probation?

If you were placed on probation, the sentencing court gave you a set of rules. Those rules are the terms of probation. There are certain standard rules, but the Trusted Wills Oxford can customize the terms for your particular case.  You do not have to break the law to violate probation. All you have to do is break the rules. For example, the terms of probation for your case might give you a curfew of 10 o’clock. It is not illegal to be out past 10 PM, but it would be a violation of your probation.

I. Charges & Report

Affidavit of Violation of Probation

Your probation officer will file an affidavit of violation of probation if he has probable cause to believe that you violated the terms of your probation. If this is a felony violation of probation, the affidavit is called the “Florida Department of Correction Affidavit of Violation of Probation.”  The affidavit will contain the allegations stating how you violated the terms of probation. The affidavit will typically be filed with the same judge that presided over the original sentencing.

Violations of probation are either technical or substantial.

What is a technical violation of probation?  Breaking the rules.  Examples would include a positive drug test, failure to pay costs of supervision or any failure to abide by the rules.

What is a substantial violation of probation? A new criminal charge.

Violation of Probation Report

Your probation officer will also file a report with the affidavit of violation. The report can request that the court issue a warrant for your arrest or that the court issue a notice to appear. The violation report will also contain significant information such as any statement that you made regarding the alleged violation.  The violation report will also contain your history of supervision, the facts and circumstances surrounding the underlying case. Most importantly, the report contains the probation officer’s recommendation concerning the disposition of your case.

II. Custody and Terms of Release

The violation report filed by your probation officer will request that a warrant be issued for your arrest or that you be given a notice to appear.  The judge will typically issue a “no bond” warrant if a warrant is requested.  It is not uncommon for defendants to stay in jail for two(2) or three(3) months waiting for their violation of probation hearing.  Quite often the fear of having no bond drives individuals to abscond or hide in order to avoid going to jail. This just makes the problem worse.  Contacting a private attorney immediately is your best option as there are ways to minimize or eliminate the amount of time you spend in jail waiting for your final hearing.

III.  Discovery

Discovery is typically limited in violation of probation cases.  More often than not your attorney will have most of what they need to know based after reading the violation report.  If the violation is a technical violation of probation, i.e., breaking the rules, then there is typically no need for extensive discovery.  If the violation is a substantial violation, i.e., a new criminal charge, your attorney will get the discovery in the new case.

IV. Hearing & Disposition

In a violation of probation proceeding, you do not enter a plea of guilty or not guilty. Rather, you either admit responsibility or deny responsibility. If you deny responsibility, there is a hearing. A violation of probation hearing is heard by a judge. You do not have a right to a jury trial. The rules of evidence are relaxed. Hearsay is generally permitted. Also, the burden of proof is lower.  The state does not have to prove the violation “beyond a reasonable doubt,” rather, the state must present evidence “sufficient to satisfy the conscious of the court.” That is a long way of saying “by the preponderance of the evidence.” If the state meets the burden of proof the judge will find you responsible for the violation of probation.

Sentencing

The judge has three options when faced with a violation of probation. The judge can revoke probation and sentence you to any sentence which could have been legally imposed on the original criminal charges.  For example, if you are on probation for a third degree felony, the judge can sentence you to five(5) years for a violation of probation. The judge can modify the terms of probation.   The court can add conditions such as drug rehab, counseling or an ankle monitor.  Alternatively, the judge can reinstate your probation on the exact same terms as before.

Getting a private attorney involved early can have a substantial impact on the disposition of your probation case.  Typically, a private attorney can talk to the probation officer, prosecutor and set the hearing on a calendar quickly to get a resolution.  Additionally, a private attorney can file a motion for an in court surrender and/or get a bond hearing quickly.  The advantage of hiring a private attorney over a public defender is that a private attorney can get to work on your case before you are charged with a probation violation.  A public defender can only be appointed and get to work once you have been charged.  It is a matter of being proactive vs reactive.

In addition to the procedural aspects, a private attorney can help you gather the documents and/or evidence necessary to establish your defense in the event that you proceed to a final violation of probation hearing. It is much easier to obtain evidence before you go into custody.

Fort Lauderdale criminal defense attorney, Michael Dye, has extensive experience handling misdemeanor and felony violations of probation.  For more information concerning probation violation proceedings, please contact us at:

The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525 or
The Law Offices of Michael A. Dye, PA, 2 S Biscayne Blvd, Miami, FL 33131 (305)459-3286

Filed Under: Burden of Proof, Criminal Lawyer, Discovery, Evidence, Hearsay, Probable Cause, Probation, Right to Bail, Sentencing, Substantial Violation of Probation, Technical Violation of Probation, Trial, Violation of Probation, Violation of Probation, Violation of Probation Hearing, Willful and Substantial Violation of Probation Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,