Bench Warrants & Alias Capias Warrants in Miami-Dade

Written by:Julian Stroleny PortraitJulian Stroleny

Bench Warrants

Warrants are orders from the court directing law enforcement to take someone into custody and hold them until a cash bond is posted or until they appear before a judge, depending on the type of warrant.  Warrants are issued by county and circuit court judges after a defendant fails to appear for a court hearing.  The two commonly issued warrants in Miami courts are bench warrants and alias capias warrants.  Bench warrants are issued for misdemeanor crimes and are issued by county court judges.  Alias capias warrants are issued for felony crimes and are issued by circuit court judges. All Miami defense lawyers would likely agree that bench warrants tend to be easier to remove than alias capias warrants (though no warrant should be taken lightly).

Bench Warrants in Miami

Bench warrants are issued frequently in Miami because defendants either forget to appear for court or because they were arrested while visiting Miami and return to their home without addressing the charges, believing their case will go away on its own.  If someone has an open bench warrant in Miami and they come into contact with law enforcement they will be taken into custody, processed through the jail, and may be released upon payment of a cash bond or appearance before a judge.  In most instances, with the help of a criminal defense attorney, bench warrants can be removed without the defendant being taken into custody.

Alias Capias Warrants in Miami

Alias capias warrants are issued in felony cases when the defendant fails to appear for court.  Unlike bench warrants, when someone is taken into custody on an alias capias warrant, the defendant cannot be released from custody by posting a cash bond.  A criminal defense attorney may get a defendant out of custody by securing a new bond for the charge once the defendant has been brought before a judge.  If there is a history of missing court, and alias capias warrants, the judge may not be willing to issue a new bond and will keep the defendant detained.

Miami Criminal Defense Lawyer

If you have an open warrant in Miami-Dade County call our office and speak to a criminal defense attorney about your options. In many circumstances we can appear in court for a client and remove the warrant without the client being surrendered or even appearing in court.  The criminal attorney at Stroleny Law: Criminal Defense Attorney is a former Miami-Dade prosecutor with the experience that comes from handling hundreds of bench warrants and alias capias warrants.  Call his office now for a free consultation and see how Stroleny Law: Criminal Defense Attorney can best help you, (305) 615-1285.

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