Learning there is a warrant for your arrest is frightening, and the worst thing you can do is wait. A warrant does not go away on its own, and getting picked up at work or in front of your family is the outcome worth avoiding. This page explains the kinds of warrants in Florida, whether there is a bond, why failing to appear is its own problem, and how a warrant gets cleared the right way.
If you think a warrant may be out for you, the safest first step is to find out for certain, quietly, before you do anything else.
The Kinds of Warrants in Florida
Not every warrant is the same, and the kind you are facing changes the plan. The labels overlap in everyday use, but they come from different places.
| Type | When it issues |
|---|---|
| Arrest warrant | A judge signs it on a sworn affidavit showing probable cause, usually before formal charges are filed, under section 901.02 and Rule 3.121 |
| Capias | A court order to take you into custody after charges have been filed, issued under Rule 3.730 |
| Bench warrant or failure-to-appear capias | Issued by a judge when you miss a court date or do not comply with a court order |
| Violation of probation warrant | Issued when the State alleges a probation violation, and it is often a no-bond hold |
| Writ of bodily attachment | Used to bring a person before the court in certain matters, such as unpaid support or a missing witness |
I began my career as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and I have stood next to people at first appearance and walked clients in to surrender on their own terms so they were not picked up at work or in front of their family. Handling a warrant early, with a plan, almost always beats waiting. Learn more about my background.
Whether There Is a Bond, and How Much
When a judge issues a warrant, the judge either sets a bond or orders that you be held with no bond at all. When a bond is set, you can usually post it and be released soon after the arrest. A failure-to-appear capias often carries a bond higher than the original charge, and for a felony it can be a no-bond hold, and section 907.041 governs when a person can be held without bond. Either way, if you are arrested, Florida law still requires a first appearance before a judge within 24 hours under Rule 3.130, where your release is decided. On a charge of failing to appear under section 843.15, some courts will not set a bond until that first appearance.
Failure to Appear Is Its Own Charge
Missing a court date is not only a warrant. Under section 843.15, failing to appear after you were released on bail is a separate crime, a third-degree felony if you were out on a felony charge and a first-degree misdemeanor if you were out on a misdemeanor, with penalties that stack on top of the original case. The failure has to be willful, which is why a genuine reason you missed court, such as never receiving notice or a move the court did not know about, matters both to that charge and to getting the warrant recalled.
Why Waiting Makes It Worse
A Florida arrest warrant does not expire. It stays active until you are arrested, a judge recalls it, or you are no longer living, and in the meantime it sits on background checks and can flag at an airport or a cruise terminal. Many folks first learn about an old warrant at the worst possible moment. Getting ahead of it, on your terms and with a lawyer, is almost always better than being taken into custody without warning.
Clearing a Warrant the Right Way
The right move depends on the warrant, but the order is usually the same. You confirm it first, because since October 2022 the clerk’s public website no longer shows active warrants, so finding out often takes a lawyer or a call to the right office. From there, a failure-to-appear or probation warrant can frequently be addressed by a motion to recall or quash paired with a voluntary appearance, while a new-charge warrant may call for a coordinated surrender with a bond arranged in advance. Where the affidavit or the warrant itself is defective, that can be challenged under section 901.04.
| Path | What it involves |
|---|---|
| Confirm it first | Find out whether a warrant exists, what it is for, the bond, and the county, before taking any other step |
| Motion to recall or quash | Ask the court to recall a failure-to-appear warrant, often by showing the missed date was not willful, such as a lack of notice or a move |
| Coordinated surrender | Arrange to turn yourself in at a set time, when possible with a bond already in place, so you are not held longer than you have to be |
| Challenge the warrant | Test the affidavit and the warrant itself for defects in probable cause or execution under section 901.04 |
Warrants Across the Tampa Bay Courts
I handle warrants across the Tampa Bay area, in Pinellas and Pasco in the Sixth Circuit, Hillsborough in the Thirteenth, and Manatee, Sarasota, and DeSoto in the Twelfth. Wherever a warrant was issued, I can help confirm it, work out a surrender, or move to recall it, and connect it to whatever the underlying case needs next, including bond and pretrial release once you are before the court.
Common Questions
What is the difference between an arrest warrant and a capias?
An arrest warrant is signed by a judge on a sworn affidavit showing probable cause, usually before formal charges are filed. A capias is a court order to take you into custody after charges have already been filed, or after you miss a court date. People use the words interchangeably, and in everyday terms both mean the police can arrest you.
Can I bond out on a warrant, or is it a no-bond hold?
It depends on the warrant. The judge who issues it either sets a bond or orders that you be held with no bond. A failure-to-appear or probation warrant often carries a higher bond than the original charge, and for a felony it can be a no-bond hold, which means you wait for a judge before any release is decided.
Is failing to appear in court a separate crime in Florida?
It can be. Under section 843.15, failing to appear after you were released on bail is its own charge, a third-degree felony if you were out on a felony and a first-degree misdemeanor if you were out on a misdemeanor, with penalties that stack on top of the original case. The failure has to be willful, so a real reason you missed court matters.
Do Florida arrest warrants expire?
No. A Florida arrest warrant stays active until you are arrested, a judge recalls it, or you are no longer living. An old warrant from years ago is still valid today, it shows up on background checks, and it can flag at an airport or a cruise terminal, which is how many people get arrested without warning.
Can a warrant be cleared without me getting arrested?
Often, yes. Depending on the warrant, a lawyer can move to recall or quash it, especially a failure-to-appear warrant where the missed date was not willful, or arrange a coordinated surrender with a bond already in place. Confirming the warrant and acting early is what makes those options possible.
Related: Bond and Pretrial Release, Probation Violations, Criminal Defense, and About Rory Safir.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Arrest warrants and capiases in Florida are governed by chapter 901, Florida Statutes, including section 901.02, and by Florida Rules of Criminal Procedure 3.121 and 3.730. Failure to appear is addressed in section 843.15, and a first appearance is required within 24 hours under Florida Rule of Criminal Procedure 3.130. Nothing here is a promise about any particular case. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
