“There’s a Warrant for My Arrest in Fort Lauderdale. Now What?”

Finding out there’s a warrant for your arrest is one of the most unsettling experiences a person can face. Your mind races. You wonder: Will they show up at my house? Will they arrest me at work? Will my name appear in public records? What happens to my job, my family, my reputation?Fort Lauderdale criminal defense lawyer

Take a breath. You have more options than you think. But the decisions you make in the next few hours and days matter enormously. As a Fort Lauderdale criminal defense attorney, I’ve guided many people through exactly this situation. Here, I’ll walk you through what a warrant means, what your rights are, and most importantly, a general guide on what you should — and should not — do.

First, What Exactly Is a Warrant?

In Florida, a warrant for your arrest is a court order authorizing law enforcement to take you into custody. Warrants are typically issued in two ways:

1. A Capiases (Capias) A capias is a court-issued directive for your arrest, most commonly issued when a person fails to appear for a scheduled court hearing (sometimes called a “failure to appear” or FTA), or when a judge finds probable cause to charge someone with a crime. The term comes from the Latin capias ad respondendum — literally, “that you take to answer.” Under Florida Rule of Criminal Procedure 3.121, a capias must be directed to all law enforcement officers in the state and must include your name, offense charged, and the amount of any bail.

2. An Arrest Warrant Based on Probable Cause Under Florida Rule of Criminal Procedure 3.120, a judge may issue an arrest warrant upon a sworn complaint or affidavit establishing probable cause to believe a crime has been committed and that you committed it. This is different from an indictment but serves a similar function: it gives law enforcement the legal authority to arrest you.

Both types of warrants are entered into the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC), meaning law enforcement anywhere in Florida — and often nationwide — can see and act on them.

The Two Scenarios: Getting Picked Up vs. Walking In

Here’s the most important thing to understand: you have a choice in how this plays out, and that choice has real consequences.

Scenario 1: Getting Picked Up (The Worst Way This Can Go)

If you ignore a warrant and do nothing, law enforcement will eventually find you — and they’ll do it on their schedule, not yours. That might mean:

  • A knock on your door at 6:00 a.m.
  • An arrest in your workplace parking lot, in front of colleagues or customers
  • A traffic stop that turns into an unexpected detention
  • An arrest in front of your children or family members

Beyond the personal humiliation, being picked up this way gives you zero control over timing, setting, or initial conditions. You won’t have had the chance to speak with an attorney. You won’t have arrangements made for bail. You’ll be processed through Broward County Jail on law enforcement’s timetable, which can mean sitting in a holding cell for 24–48 hours or longer before seeing a judge. And it will almost certainly be more traumatic than it needs to be.

Scenario 2: The “Walk-In” or Voluntary Surrender (The Smarter Option)

A voluntary surrender — sometimes called a “walk-in” or “walk-in capias” — is exactly what it sounds like: working with your attorney to arrange your surrender to the court or law enforcement in a controlled, dignified manner. This approach has significant advantages.

Legal Basis: Florida courts have long recognized that voluntary surrender is relevant to the question of flight risk and pretrial release. A judge who sees that you came in voluntarily — that you didn’t run, that you respected the process — is far more likely to set reasonable bail or release you on your own recognizance (ROR). Conversely, a judge who sees you were dragged in after avoiding a warrant will view your flight risk very differently.

The Practical Benefits of Walking In:

  • Your attorney can often contact the clerk’s office or judge’s chambers in advance to arrange a specific date and time
  • In some cases, your attorney can negotiate bond conditions before you surrender, so you walk in and potentially walk out the same day
  • You arrive dressed appropriately, composed, and accompanied (in spirit, if not physically) by counsel
  • The arrest does not occur at your home or workplace, preserving privacy and professional standing
  • You demonstrate to the court, from the very first moment, that you are cooperative and responsible

A Note on Broward County Specifically: The Broward County courthouse at 201 SE 6th Street, Fort Lauderdale, has a specific process for walk-in surrenders. An experienced Fort Lauderdale criminal defense attorney will know the local customs, relationships, and procedures for arranging this most effectively. This is not the time for a generalist or an out-of-town lawyer who doesn’t know the Seventeenth Judicial Circuit.

Your Constitutional Rights — Know Them Cold

Regardless of how you are arrested — voluntarily or not — your constitutional rights do not disappear. Here’s what you need to know:

The Right to Remain Silent

Under the Fifth Amendment to the U.S. Constitution and Article I, Section 9 of the Florida Constitution, you have the absolute right to remain silent. Exercise it. This is not a cliché. Anything you say to law enforcement — before arrest, during booking, in the patrol car — can and will be used against you.

The Florida Supreme Court, consistent with Miranda v. Arizona, 384 U.S. 436 (1966), has consistently upheld that post-arrest statements made without a knowing and voluntary waiver of Miranda rights are inadmissible. But here’s the trap: people talk themselves into serious trouble during unguarded moments long before formal interrogation begins. A casual comment to an officer, a text message, a phone call from jail — all of it can become evidence.

Do not explain yourself. Do not minimize. Do not argue. Say: “I want to speak with my attorney.” That is your magic sentence. Say it and say nothing else.

The Right to Counsel

Under the Sixth Amendment and Gideon v. Wainwright (372 U.S. 335, 1963), you have the right to an attorney. If you cannot afford one, the court will appoint one. But if you are reading this article, you are likely trying to be proactive — and hiring a private Fort Lauderdale criminal defense attorney before your arrest gives you significant advantages over waiting for a public defender appointment at first appearance.

The Right to a First Appearance / Bail Hearing

Under Florida Rule of Criminal Procedure 3.130, you must be brought before a judge within 24 hours of your arrest for a first appearance hearing. At this hearing, the judge will:

  • Advise you of the charges against you
  • Appoint counsel if needed
  • Set or review conditions of pretrial release, including bail

The standards for pretrial release are governed by Florida Rule of Criminal Procedure 3.131 and Florida Statute § 903.046. The court must consider factors including the nature of the offense, your prior criminal record, your ties to the community, your employment, your family situation, and — critically — whether you are a flight risk. A voluntary surrender, arranged by your attorney in advance, speaks directly and favorably to the flight risk question.

Freedom from Unreasonable Search and Seizure

The Fourth Amendment protects you from unreasonable searches and seizures. When officers arrest you on a warrant, they may search your person incident to arrest. However, broader searches of your home or vehicle generally require a separate search warrant or a recognized exception. If officers exceeded the scope of a valid warrant or conducted a search without proper justification, your attorney may be able to move to suppress any evidence obtained.

The Dos and Don’ts: A Practical Guide

DO:

✓ Contact a Fort Lauderdale criminal defense attorney immediately. Before you do anything else. Before you call friends or family to discuss details. Before you post anything on social media. Call a lawyer.

✓ Stay calm and stay put (for now). Unless you have an immediate safety concern, do not flee. Fleeing the jurisdiction or going “off the grid” transforms a manageable situation into a much worse one — it can result in additional charges, it will absolutely result in higher bail, and it tells every judge who subsequently sees your case that you cannot be trusted.

✓ Gather relevant documents and information. Your Fort Lauderdale criminal defense attorney will want to know the case number if you can find it, the nature of the alleged offense, any prior criminal history, and your personal circumstances (employment, family, ties to community). All of this is relevant to bail and defense strategy.

✓ Arrange your affairs quietly. If you know surrender is imminent, take care of practical matters: inform a trusted person (not social media followers), arrange for childcare or pet care, make sure your finances are accessible. Do this quietly and without discussing case specifics.

✓ Follow your attorney’s instructions precisely. If your criminal defense lawyer arranges a walk-in, show up when and where they say, dressed professionally, composed, and ready to follow their lead completely.

DON’T:

✗ Talk to law enforcement without your attorney present. Not at your door. Not during booking. Not in the patrol car. Not “just to clear things up.” There is no upside to this conversation and potentially enormous downside.

✗ Contact alleged victims or witnesses. This can result in witness tampering charges under § 914.22, Florida Statutes, and will severely damage your case.

✗ Post about your situation on social media. Screenshots live forever and can become exhibits. A seemingly innocent post can destroy an alibi, undermine a defense, or show consciousness of guilt.

✗ Miss any court dates. If you already have a capias for failure to appear, you understand what happens. Going forward, every single court date is sacred. Missing one undoes everything your attorney has built.

✗ Assume the warrant will “go away.” It won’t. Warrants do not expire in Florida. They will find you at the worst possible moment.

✗ Try to handle this alone. The criminal justice system is not designed to be navigated without a lawyer. From the moment a warrant is issued, the state has experienced prosecutors working the case. You need experienced counsel on your side.

How Checking Warrant Status Works in Broward County

If you suspect there may be a warrant for your arrest but aren’t certain, there are ways to check — though doing so through a lawyer is safer than doing it yourself (checking through official channels can, in some circumstances, trigger law enforcement notification).

The Broward County Clerk of Courts maintains online records at browardclerk.org. The Florida Department of Law Enforcement (FDLE) also maintains public-access criminal history records. Your attorney can perform these searches with considerably more discretion and context.

What Happens After Surrender: The Road Ahead

Once you have been processed and, ideally, released pending trial, the real work of your defense begins. Depending on the nature of the charges, your attorney may:

  • Challenge the legal sufficiency of the warrant itself under Florida Rule of Criminal Procedure 3.120
  • File a motion to suppress evidence obtained through an unlawful search or seizure
  • Negotiate with the prosecutor for reduced charges or a favorable plea agreement
  • Challenge the state’s evidence and prepare for trial
  • Seek dismissal if there are constitutional violations or insufficient evidence

The outcome of your case will be shaped substantially by how effectively your attorney can navigate pretrial proceedings. And that process begins  the moment you make your first call.

Why an Experienced Fort Lauderdale Criminal Defense Attorney Makes All the Difference

Not all criminal defense representation is equal, and this is especially true when it comes to warrant situations in Broward County. A seasoned Fort Lauderdale criminal defense attorney brings:

  • Local Knowledge: Understanding the tendencies of individual judges in the Seventeenth Judicial Circuit, the working relationships with prosecutors, and the unwritten procedures for walk-in surrenders at the Broward County courthouse can meaningfully affect your bail, your pretrial conditions, and ultimately your case outcome.
  • Speed and Decisiveness: Warrant situations require immediate, decisive action. An experienced attorney can assess your situation quickly, advise you on whether to surrender and when, contact the court or prosecution if appropriate, and set the stage for the most favorable first appearance possible.
  • Protecting Your Rights from Day One: Evidence obtained improperly, statements made without Miranda warnings, unlawful searches incident to arrest — these are the building blocks of suppression motions and potentially case dismissal. You need someone in your corner who knows what to look for from the very beginning.
  • Minimizing Collateral Consequences: A criminal conviction carries consequences far beyond the sentence itself — professional licenses, employment, immigration status, housing, child custody. An attorney who understands the full picture of what’s at stake will fight harder and smarter on every front.
  • Peace of Mind: Facing an arrest warrant is frightening and isolating. Having an experienced advocate in your corner who will answer your questions honestly, explain the process clearly, and fight for your interests is invaluable — not just legally, but personally.

You Are Not Alone, and This Is Not the End

If there is a warrant out for your arrest in Fort Lauderdale, this is a serious situation — but it is a manageable one. People face these circumstances every day and come out the other side. The difference between a devastating outcome and a survivable one often comes down to the choices made in the earliest hours: whether to act proactively or reactively, whether to speak or stay silent, and whether to face the process with experienced legal counsel or go it alone.

The most important call you can make right now is to a knowledgeable Fort Lauderdale criminal defense attorney. Don’t wait to see if it resolves on its own. Don’t try to research your way through it alone. Pick up the phone.

Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.

References:

  • Florida Rule of Criminal Procedure 3.120 (Arrest Warrant)
  • Florida Rule of Criminal Procedure 3.121 (Capias)
  • Florida Rule of Criminal Procedure 3.130 (First Appearance)
  • Florida Rule of Criminal Procedure 3.131 (Pretrial Release)
  • Florida Statute § 903.046 (Purpose of and Criteria for Bail Determination)
  • Florida Statute § 843.18 (Fleeing to Avoid Prosecution)
  • Florida Statute § 914.22 (Witness Tampering)
  • Miranda v. Arizona, 384 U.S. 436 (1966)
  • Gideon v. Wainwright, 372 U.S. 335 (1963)
  • Article I, Section 9, Florida Constitution (Due Process)
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