Arrest Warrants in Florida — What to Do

You found out there’s a warrant out for your arrest in Polk County. You might have heard it from someone, found it online, or learned a PCSO deputy came by your door looking for you. Now you’re sitting with that information and wondering what happens next. Ignoring it only makes things worse, and trying to handle it without a lawyer rarely goes well. A warrant doesn’t expire. It follows you until you’re arrested — at a traffic stop, at your job, in front of your family. Understanding what an arrest warrant means and how to address it on your terms, rather than law enforcement’s, is what this page is about.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

I’m Tonmiel Rodriguez, a Board Certified Criminal Trial Lawyer in Bartow. I help clients address outstanding warrants throughout Polk County and the 10th Judicial Circuit — before an arrest happens on someone else’s schedule.

How Florida Arrest Warrants Are Issued — § 901.02

Under § 901.02, a Florida judge or magistrate may issue an arrest warrant upon a showing of probable cause. The warrant must:

• Be in writing
• State the name of the accused (or describe them if unknown)
• Describe the offense charged
• Command the officer to arrest the accused and bring them before the court

Probable cause is the constitutional minimum — it requires a reasonable basis to believe that a specific person committed a specific crime. It is a significantly lower standard than proof beyond a reasonable doubt. This means a warrant can be issued based on limited, incomplete, or one-sided information presented to a judge by law enforcement.

Types of Arrest Warrants in Florida

What is a Capias Warrant?

A capias is a warrant issued after formal charges have been filed — typically after the State Attorney files an information or indictment. It directs law enforcement to arrest the named person and bring them before the court. A capias is the most common form of arrest warrant in Florida felony cases.

What is a Bench Warrant?

A bench warrant is issued by the judge from the bench — typically after a defendant fails to appear for a scheduled court date. Bench warrants are issued immediately and remain active until the defendant appears in court. Missing a court date in Polk County typically results in bond forfeiture and an immediate bench warrant. The longer a bench warrant sits unaddressed, the harder it is to get a favorable outcome at the next appearance.

What is a Probable Cause Warrant (Pre-Charge)?

Law enforcement may apply for an arrest warrant before charges are filed if they believe they have probable cause. This is common in cases where the investigation is complete and the detective wants to arrest the suspect before the SAO files formal charges. The arrest comes first; the formal charging document follows. Pre-charge warrants are frequently issued in fraud cases, sexual battery investigations, and cases where the detective has completed a full investigation and presented it to the State Attorney’s Office for review.

The Probable Cause Requirement — and Its Limits

Probable cause is established through a sworn affidavit from a law enforcement officer. The affidavit presents facts — from witness statements, surveillance, physical evidence, or investigation — that the officer believes constitute probable cause. Judges reviewing these affidavits are not adversarial; they hear only one side. Probable cause determinations can be challenged after arrest through a motion to suppress or motion to dismiss, but the warrant itself stands until challenged.

Under Franks v. Delaware, 438 U.S. 154 (1978), a defendant can challenge the truthfulness of the facts stated in the warrant affidavit. If the affidavit contained material false statements made deliberately or with reckless disregard for truth, the warrant may be voided and any evidence seized as a result suppressed. This is a significant defense avenue in cases where the warrant affidavit misrepresented the evidence. Our Search and Seizure Defense page covers the full motion to suppress process in detail.

How to Handle an Outstanding Warrant in Polk County

The practical reality of an outstanding warrant is straightforward: it exists until it is addressed. Any traffic stop, routine police contact, or background check can surface it for law enforcement. The question is whether you address it proactively — on your terms — or reactively, when and where law enforcement decides to act on it.

Step 1: Confirm the Warrant

Before acting, confirm that a warrant actually exists and understand what it covers. In Polk County, warrants can be checked through the Polk County Clerk’s Showcase system (polkcountyclerk.net) or by having an attorney contact the clerk’s office or the State Attorney directly. Confirming the specific charge and the issuing court is important — it determines which court needs to be addressed and what the likely bond situation looks like.

Step 2: Retain an Attorney Before You Do Anything Else

Before voluntarily surrendering or making any contact with law enforcement, retain an attorney. An attorney can:

• Contact the State Attorney’s Office or the arresting agency to understand the nature and basis of the charges
• Arrange a voluntary surrender in a way that minimizes the disruption of an unplanned arrest
• Prepare a bond motion or negotiate a recognizance release before the surrender
• Ensure no voluntary statements are made during the surrender process

Step 3: Voluntary Surrender

A voluntary surrender — turning yourself in to the Polk County Sheriff’s Office or the issuing court — is almost always better than being picked up unexpectedly. It allows you to:

• Choose the timing (within reason)
• Have counsel present or immediately available for the first appearance
• Demonstrate to the court that you are not a flight risk — which directly affects bond

Judges in the 10th Circuit notice when a defendant voluntarily surrenders. It affects the bond hearing and, later, the prosecution’s argument about the defendant’s character and flight risk.

Bond After Arrest on a Warrant

After arrest on a warrant, a defendant must be brought before a judge within 24 hours for a first appearance (§ 907.041). At first appearance, the judge sets bond based on:

• The nature and circumstances of the offense
• The defendant’s prior criminal record
• The defendant’s community ties (employment, family, length of residence in Polk County)
• Risk of flight
• Risk to the community

A voluntary surrender, combined with pre-arranged character references and evidence of community ties, can result in a lower bond or a recognizance release. Having counsel present at first appearance — rather than requesting a public defender after the fact — makes a measurable difference. I prepare bond arguments before the hearing so that when the judge asks, we are ready with specific, documented evidence of why a low bond or ROR is appropriate.

Out-of-County and Out-of-State Warrants

Florida warrants are statewide. If a Polk County warrant exists and you’re stopped in Hillsborough or Osceola County, you will be arrested and held pending transfer back to Polk. Out-of-state warrants are subject to extradition under Florida’s Uniform Criminal Extradition Act — Florida will extradite on felony warrants from other states, and Florida warrants will be extradited from other states on felonies.

Can a Warrant Be Challenged or Recalled?

In some circumstances, yes. If a warrant was issued in error — based on a clerical mistake, mistaken identity, or a case that has been resolved — an attorney can motion the court to recall or quash the warrant. This is more common than people expect. Bench warrants issued for failures to appear are sometimes recalled when the defendant can show a legitimate reason for missing court (medical emergency, lack of notice of the hearing, court administrative error). Pre-charge warrants based on affidavits containing material falsehoods can be challenged under Franks v. Delaware once the defendant is arrested. The warrant being active does not mean it is unassailable — but challenges require proper legal process, not just showing up at the courthouse.

I also regularly see warrants that are years old — issued for relatively minor charges from cases that were never properly resolved. In these situations, there may be speedy trial issues, constitutional concerns about delay, and strategic decisions about how to address the warrant in a way that accounts for the age of the underlying case. Each situation is different. The analysis starts with understanding exactly what the warrant covers, when it was issued, and what the underlying charge looks like.

What Happens to Your Record While a Warrant Is Active

An active warrant appears in court records and in law enforcement databases. It will show up on background checks that include criminal history. If you are applying for employment, housing, or professional licensing while an active warrant exists — and the background check reveals it — the consequences can be severe. Employers and landlords regularly reject applicants with active warrants even when no conviction exists. The fastest path to protecting your record is addressing the warrant through counsel.

After the underlying case is resolved — whether by dismissal, plea, or acquittal — you may be eligible to seal or expunge the arrest depending on how it resolves. First-time offenders who resolve their cases favorably can often expunge the record entirely. Understanding the full picture of what a criminal case means for your life beyond the courtroom is part of my defense strategy in every case. The collateral consequences of an arrest — even one that doesn’t result in conviction — can be significant, and planning for them starts the moment you call.

Frequently Asked Questions — Arrest Warrants

How do I find out if there’s a warrant for my arrest in Polk County?

Warrants are public record in Florida. You or your attorney can search the Polk County Clerk’s Showcase system (polkcountyclerk.net) by name. An attorney can also check directly with the clerk’s office or the SAO for more detail, including the nature of the charge and the issuing court.

Can a warrant be recalled without an arrest?

In some circumstances, yes. If a warrant was issued in error, or if the underlying basis for the warrant has been resolved, an attorney can motion the court to recall or quash the warrant. This is not the common case, but it does happen — particularly with warrants issued on stale or incomplete information, or bench warrants where a legitimate reason for missing court can be shown.

If I voluntarily surrender, will I still be held in custody?

You will be booked and processed. Whether you are released on bond depends on the charge and the bond hearing. Many people who voluntarily surrender on non-violent, non-capital charges are released at first appearance with a bond. Having an attorney who has already prepared the bond argument significantly improves that outcome.

Does a warrant expire in Florida?

No. Florida arrest warrants do not expire. They remain active until the person is arrested and brought before the court, or until the court recalls or quashes the warrant. There is no statute of limitations that cancels a warrant. A warrant issued five years ago is just as valid today as when it was issued.

Can I be arrested on a Polk County warrant if I am in another state?

Yes. Florida felony warrants are entered into the NCIC national database, which means law enforcement in any state can see and act on the warrant. You can be detained in another state on a Florida warrant and held for extradition. Florida regularly extradites on felony warrants. For misdemeanor warrants, extradition is discretionary and less common — but the warrant still exists and can be acted upon if you return to Florida or if the arresting state chooses to hold you.

What is the difference between a warrant and a subpoena?

A warrant commands law enforcement to arrest a specific person or to search a specific place. A subpoena commands a person to appear before the court or to produce documents — it does not authorize an arrest. If you received a subpoena, you are being called to testify or produce records; you are not necessarily a target of the investigation. If you are not sure whether you received a subpoena or have an outstanding warrant, call an attorney before responding to either.

Hablo español — ¿tienen abogados que hablan español?

Sí. Hablamos español. Si usted sabe que tiene una orden de arresto activa en el Condado Polk, llámenos antes de hacer cualquier cosa. Podemos ayudarle a manejarlo de la mejor manera posible — voluntariamente, con representación legal, para que usted tenga el mayor control sobre el resultado.