Warrant in Florida? Stay out of jail, ask your attorney to file a motion to lift warrant the warrant

Описание: So you have a warrant for your arrest and you aren't sure what to do. Everyone is telling you that the only way to do it is if you go turn yourself in to the jail. That is the correct way to do it and that is the normal procedure. We are required as attorneys as officers of the court to tell people who call our office that the main way is to surrender yourself to the jail. I do it a little bit different. There is another option. Our other option is to file a motion for self surrender to the court as opposed to the jail. So, when someone calls me and there is a warrant for their arrest, i can either do a self surrender to the court or i can file a motion to vacate the capias. here is a quick example, you didn't hire an attorney and you weren't sure what you were going to do, you were waiting for the court date in the mail, you didn't get the court date. So now you find out that you have a warrant for your arrest for not showing up to the court date that you didn't even know about. So you call my office and i can file a motion to vacate the capias, let the court know that i am now representing you, and any attorney can do this, any attorney can file a motion to vacate the capias. And usually in doing that we have to contact the state attorney and to hopefully get them to agree to it, and if not then we have a hearing on it. Additionally we can do a motion to self surrender to the court. And you basically show up to a court date, because if its not a very significant issue.. a capias is a capias, meaning a warrant for your arrest. It depends on what it is. Sometimes, and a lot of times, I've been doing this for years. I file a motion to self surrender, i coordinate with the state, the judge, with probation, with whoever i need to coordinate with to try to get everyone on the same page that we are in agreement that the capias should be lifted or that its okay for my client to surrender to the court room as opposed to having to put themselves in the jail. When you surrender yourself to the jail, you might get a court date in 2 days or you may get a court date in 2 weeks. I don't want my clients to stay in custody, so i just wanted you all to know that there are options. If you have an old case, a 5 year old case, 10 year old case, whatever it may be and you now live in another state and you want to handle the matter, you have an old case thats pending and you didn't go to court. There are things that attorneys can do, so contact your lawyer and i can not speak for any other states but in Florida these are options. You could file a motion for in court surrender, file a motion to vacate the capias. There are options. Turning yourself into the jail is not the only option and its definitely not the preferred option. If the judge denies the motion or we can't get the state to agree or the judge denies the motion, well then we will most likely have to do that. Ive been doing this for over 10 years and i have never had anyone have to turn themselves into the jail when i was doing a capias or self surrender.I know its the judges discretion and they can say no at any time so i down want you to think that its a fool proof method.If you make an effort at least you know. I would hate for you to be stuck in jail for additional time waiting for a court date, especially if its a simple matter. If you have a warrant, regardless of what kind of case it is, contact your attorney and ask them if this is an option for you, every case is different, every jurisdiction is different and every judge is different. You want to talk to your local attorney about that. I hope this helps you out a little if you have questions with warrants. Im Roger P. Foley. Call my office!

If you know that there is a warrant for your arrest then your first option is to surrender to the jail. You just show up and surrender and then the clerk of court will be notified and they will set a court date. That can take 2 days to 3 weeks. There are other options: 1) your attorney can file a motion to vacate or lift the capias/warrant, 2) or your attorney can file a Motion for In Court surrender wherein you basically show up to court. These two options are discretionary and the judge will make the decision. Different judges have different rules. If you do not try then you will never know so discuss it with your attorney. This is general information and no attorney client privilege exists by viewing this video. Discuss your facts with your attorney or contact your local attorney for advice on your case.

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