Many times in Jacksonville, people are arrested on warrants in State-wide crackdowns, attempting to be tough on crime. However, a fast push for escalated arrest numbers leaves the possibility open for error in proper criminal procedure. If one has been arrested on a warrant that was improperly drafted or executed, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.
The Citrus County Sheriff’s Office, partnering with FSA’s Florida Sheriffs Task Force, recently participated in a statewide initiative to remove felons from Florida’s streets. Operation Felon Sweep focused on removing violent felons, felons with outstanding warrants, plus sexual predators and offenders from local communities. This FSA initiative ran from Sept. 28 through Oct. 22. Breaking these down, 68 were felony probable cause arrests, while 38 were felony warrant arrests.
Jacksonville warrants may be issued for the arrest of the person complained against if the trial court judge, from the examination of the complainant and other witnesses, reasonably believes that the person complained against has committed an offense within the trial court judge’s jurisdiction. A warrant is issued at the time it is signed by the trial court judge.
Many think that arrest warrants are only issued for common crimes such theft, murder, and other popularly known offenses. However, warrants are issued against potential accused parties many times, for offenses that might seem unworthy. The court may issue a warrant for the defendant’s arrest when all of the following circumstances apply:
- A complaint has been filed charging the commission of a misdemeanor only;
- The summons issued to the defendant has been returned unserved; and
- The trial court judge, from the examination of the complainant and other witnesses, reasonably believes that the person complained against has committed an offense within the trial court judge’s jurisdiction.
Warrants are directed to all sheriffs of the state. A warrant can be executed only by the sheriff of the county in which the arrest is made unless the arrest is made in fresh pursuit, in which case, the warrant may be executed by any sheriff who is advised of the existence of the warrant. These arrests may be made on any day and at any time of the day or night.
Many times, arrest warrants are executed by law enforcement teams during the early hours of the morning, assuming that the accused might be caught off guard because they were asleep, making the arrest much easier. Many find themselves in handcuffs because they were simply not aware that a warrant was out for their arrest. In some cases, one may be charged as a fugitive and extradited. One may be arrested when one least expects it, as a police officer will arrest one if he or she discovers the outstanding warrant.
If one is in a similar situation, one should obtain an experienced Jacksonville warrant defense attorney to have the warrant or capias recalled and if the warrant is invalid, be able to show that warrant’s invalidity, or show the procedure in execution of that warrant was improper.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and is here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one requires a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Sources: CCSO supports Florida Sheriffs task force in latest operation, Citrus Daily