Many people discover they have an outstanding arrest warrant in Florida, often years after the incident occurred. This surprise can cause extreme anxiety, especially if the warrant was never formally served by law enforcement. This status subjects individuals to an unexpected arrest during a routine traffic stop or background check, placing a heavy burden on daily life.
The criminal defense attorneys at Weinstein Legal Team understand the complexity and stress involved in these cases. We have the experience and expertise to navigate the intricacies of Florida warrant law and strategic dismissal motions. Keep reading to learn more about how to safely resolve old warrants in Florida.
Do Arrest Warrants Expire In Florida? Separating Myth From Legal Fact
The common assumption that old warrants simply expire after a set time is a legal myth in Florida. Arrest warrants and bench warrants generally do not have a set expiration date. They remain active indefinitely until addressed by a court or law enforcement executes an arrest warrant. Whether the warrant was issued for a misdemeanor or a felony, it retains its legal authority.
This means that a warrant issued a decade ago holds the same legal weight as one issued last week. Until a judge officially withdraws the order, the possibility of a surprise arrest remains, necessitating proactive legal intervention.
Understanding The Different Types of Warrants
An arrest warrant is a document signed by a judge after law enforcement presents evidence establishing probable cause that a specific person committed a crime. These are issued when charges are filed against someone who has not yet been taken into custody. The issuance of this type of warrant is the official start of the criminal justice process.
A bench warrant is typically issued when a person fails to appear in court for a scheduled hearing or violates the terms of a bond or probation. Judges issue these warrants directly from the bench to compel the person to return to the court's jurisdiction. Bench warrants usually relate to ongoing legal proceedings and are sometimes easier to recall if the underlying failure to appear can be explained by law.
The Role of The Florida Statute of Limitations
While the warrant itself doesn't expire, the Statute of Limitations (SOL) places a time limit on how long the State has to prosecute the underlying crime. The SOL is often the most effective defense tool when dealing with very old warrants. If the statutory deadline has passed, the charges related to the warrant must typically be dismissed, even if an arrest occurs.
Florida law sets varying SOL timelines based on the severity of the charge. For example, prosecution for a second-degree misdemeanor must be commenced within 1 year of its commission. A first-degree misdemeanor gives the State up to two years to commence prosecution.
Felonies generally have longer limitation periods. For most felonies, the SOL is three years, while first-degree felonies allow for prosecution within four years of the crime. However, a person can still be arrested on an old warrant; the defense attorney's job is then to file a motion to dismiss the subsequent charges.
What Happens When The Statute of Limitations Clock "Tolls"
The Statute of Limitations clock doesn't always run continuously; it can sometimes "toll," or pause, under certain conditions. This often occurs if the defendant is continuously absent from the State of Florida. If the defendant has no reasonably ascertainable place of abode or work within the state, the SOL clock stops ticking.
The legal rationale for tolling is that the State cannot commence prosecution against someone it cannot reasonably locate. However, Florida law places a firm cap on this provision. The period of limitation cannot be extended by more than three years, regardless of how long the defendant has been gone.
The Stale Warrant Defense: Lack of Diligent Prosecution
Even if the Statute of Limitations has not fully expired, an attorney can still challenge an old, unserved warrant. This challenge is based on the argument that the State failed to act with diligent prosecution over the years. This strategy is commonly referred to as the "stale warrant defense."
The Unreasonable Delay Argument
When an indictment or information is filed, and a resulting warrant is issued, law enforcement has a responsibility to execute that process "without unreasonable delay." If the police or prosecutor didn't diligently attempt to serve the warrant, the delay may be deemed unreasonable, allowing for the case to be challenged. An attorney's role is to investigate the facts and records to prove the State's lack of effort since the warrant was issued.
A critical component of this argument is proving that the State did not conduct a diligent search to locate the defendant. For instance, in one Florida case, the court found the State failed to demonstrate diligence when only four attempts were made to contact the defendant over a nearly four-year period. Furthermore, the search relied on only a limited number of readily available public information sources.
Challenging The Constitutional Right To a Speedy Trial
Beyond the technical rules governing the Statute of Limitations, an unreasonable delay in executing a warrant can also violate the defendant's constitutional rights. The Sixth Amendment to the US Constitution guarantees every individual the right to a speedy trial. This constitutional right can apply even if the stricter, technical speedy-trial rule set out in Florida Rule of Criminal Procedure 3.191 does not.
To determine if a constitutional violation occurred, a court evaluates several factors. These include the length of the delay, the reason the State delayed execution of the warrant, and the actual prejudice suffered by the defendant. Prejudice can involve lost evidence, deceased witnesses, or the inability to mount an effective defense years later. Delays lasting longer than one year are generally presumed to be prejudicial.
Motion To Dismiss For Lack of Prosecution
When an attorney identifies that the Statute of Limitations has run or that the State’s lack of diligence violated the right to a speedy trial, they use a specific legal mechanism.
A criminal defense attorney files a motion to dismiss with the court. This motion is based on the argument that the undisputed facts establish a complete legal defense, requiring the court to terminate the prosecution.
Proactive Strategies For Resolving An Old Warrant
Waiting for law enforcement to execute an old warrant is never the smartest approach; it sacrifices control and often results in the worst possible outcome. The safest and most effective course of action is to stop waiting for the inevitable and engage a knowledgeable criminal defense attorney immediately.
The general goal of a proactive legal strategy is to resolve the warrant and the underlying charges without the defendant ever enduring the humiliation or inconvenience of a surprise arrest. Our defense team, familiar with judicial customs in Broward, Palm Beach, and Miami-Dade County courts, can negotiate directly with the prosecutor and the court before the client is brought into custody.
Initial Case Review: Investigating the Warrant's Validity
Before advising any course of action, a criminal defense attorney must rigorously investigate the facts surrounding the warrant. This initial case review is essential to identify any immediate legal defenses that could lead to the warrant being recalled without a surrender.
This process includes checking the underlying police reports for technical deficiencies, confirming the charges align with the initial probable cause determination, and precisely calculating the Statute of Limitations clock. This step ensures we don't proceed with a surrender if the warrant was issued in error or if the charges are legally ripe for dismissal or expungement.
The Voluntary Surrender and Bond Motion
In cases where an arrest is unavoidable, such as for serious felonies or outstanding warrants, an attorney can orchestrate a voluntary, pre-arranged surrender. This process removes the risk of a public arrest and allows the defense team to control the timing and logistics. The attorney contacts law enforcement and the court to arrange the precise time and place of the surrender, ensuring the client is not surprised at home or at work.
Having a defense attorney orchestrate the surrender is critically important because they can file a Bond Motion at the same time. This motion asks the judge for favorable terms, such as releasing the client on their own recognizance or setting a pre-determined, reasonable bond amount. The goal is to ensure the client spends as little time in custody as possible.
Remote Resolution for Minor or Misdemeanor Warrants
In cases involving very minor charges, old misdemeanors, or warrants stemming from technical issues such as failure to appear, the attorney can sometimes appear on the client's behalf in full. This minimizes or eliminates the client’s need to appear in court and risk a surprise custody issue.
The lawyer handles the administrative and legal requirements necessary to clear the warrant and resolve the charges without requiring the client to return to the jurisdiction. This remote strategy is particularly effective for warrants associated with non-violent, lower-level offenses.
Filing a Motion To Quash or Recall The Warrant
For certain types of old warrants, particularly bench warrants or those issued due to a provable mistake, a defense attorney can file a specific legal filing called a Motion to Quash or Recall the Warrant. The primary goal of this motion is to persuade the judge to withdraw the arrest order entirely.
This motion is typically used when the warrant was issued in error or for the wrong person due to mistaken identity. It can also be filed if the attorney argues that no probable cause supports the underlying criminal charge. If successful, the legal basis for the physical arrest is eliminated.
Addressing Old Misdemeanor Warrants
Old misdemeanor warrants often present the clearest path to resolution, especially those that have been active for several years. Many misdemeanor charges will have surpassed the Statute of Limitations, which is typically one or two years, depending on the degree of the offense. These cases are ripe for a successful Motion to Dismiss.
In many instances, if all charges or counts in a case have been declined or a nolle prosequi (a formal statement that the case won't proceed) has been entered, the court may automatically recall the warrant. Florida allows for automatic recall of warrants in various cases, including felonies, misdemeanors, and criminal traffic cases. An attorney can often handle the entire case remotely, negotiating a dismissal or a small fine with the State without requiring the client to travel back to Florida or appear in court.
The Consequences of Ignoring an Outstanding Warrant and the Benefits of Resolution
While the anxiety of dealing with an old warrant is high, ignoring it ensures that the risk remains indefinitely. An outstanding warrant places the person at risk of immediate arrest at the worst possible time. This could happen during a routine traffic stop, when applying for a new job requiring a background check, or while attempting international travel.
If the person is located in another state, the State of Florida may initiate an extradition process. This highly stressful and drawn-out process requires the individual to be held in custody in the foreign state until they can be transported back to Florida. Extradition is humiliating, costly, and entirely avoidable if the warrant is addressed proactively with legal counsel.
Beyond avoiding immediate arrest and extradition, resolving an old warrant is an investment in your long-term stability. Successfully clearing the warrant and obtaining a dismissal means the underlying case is resolved, potentially opening the door to post-case relief, such as sealing or expungement of the related records. A clear criminal history is invaluable when seeking professional licensing, stable housing, or new employment.
Speak To An Attorney About Your Florida Warrant Today
Warrants in Florida do not expire, meaning the legal risk associated with an old arrest order is permanent. Fortunately, an unserved warrant does not mean the underlying case is unsolvable. Strategic defenses, such as challenging the Statute of Limitations or asserting the stale warrant defense, can often lead to a full dismissal of the charges, giving you peace of mind.
If you've discovered an old, outstanding warrant, contacting a defense attorney is the first and most crucial step before taking any other action. Weinstein Legal Team specializes in navigating complex warrant resolutions throughout the state, providing aggressive representation tailored to your unique circumstances. Call us now at 888.626.1108 to speak with an attorney, or click here to start a free case review online.
