Criminal
Defense Attorney for Warrants in Clearwater, Tampa, St. Petersburg,
& Greater Tampa Bay
During
the course of an investigation, a court may authorize a police
officer to conduct a search or make an arrest. This permission
to arrest someone or search their property is called a warrant.
If a warrant is issued for your arrest or to search your belongings,
it is essential that you be advised of your rights as soon
as possible.
Charles
Holloway, P.A., is former prosecutor who has represented persons
with arrest warrants throughout the state of Florida, including
in Pinellas, Pasco, and Hillsborough Counties. Charles Holloway
has also represented out-of-state clients who believe they
have a Florida warrant and need a Tampa Bay Criminal Defense
Attorney to help them with their case.
With
convenient offices in Tampa, St. Petersburg, and Clearwater,
Criminal Defense Attorney Charles Holloway, P.A., can
advise and represent you before, during, and after a warrant
is issued. Backed by 25 years of combined legal experience,
Charles Holloway can help you in several ways with a Florida
arrest warrant, such as:
-
Confirming whether a warrant has actually been issued and
determining the amount of the bond, if any;
- Determining
whether you should surrender to the jail or the Court and
helping arrange for your surrender;
- Protecting
you from arrest until your surrender is complete;
- Persuading
the Court to set a bond (where none exists) or lowering
an existing bond in order to obtain your release from jail;
- Advising
and defending you against the charges.
Courts issue warrants in a variety of circumstances. For example,
law enforcement may enlist the help of the State Attorney
to draft a search warrant, which will then be presented to
a judge for approval. A similar process is employed when law
enforcement does not initially arrest a suspect, but the State
Attorney later decides to file charges. Once the charges are
filed, the State can seek to obtain a warrant for the arrest
of the defendant.
Arrest
warrants can also be issued if you, as the defendant, receive
notice of a court hearing and then fail to appear. It is also
common for a court to issue a warrant when a probation officer
files an affidavit claiming that you violated the terms of
your probation.
An
arrest warrant can be issued for either a misdemeanor or a
felony, with or without a bond. While most warrants are issued
with a bond, warrants for violation of probation are typically
issued without a bond. If a warrant is issued to you with
a bond, you can choose to either surrender to the jail, post
bond and be released, or you can retain a Criminal Defense
Lawyer to request a reduction of the bond before you surrender.
After
the bond is set, you can either pay the bond directly to the
jail or obtain the services of a bondsman. If paid directly
to the jail, the bond deposit is held in escrow and is refunded
to the depositor at the close of the case. If the defendant
posts his own bond, the court costs and fines may be deducted
from the bond deposit before the balance is refunded. If a
bondsman is retained, he will usually charge a fee totaling
10% of the total bond (e.g. $10,000 bond x 10% = $1,000 bondsman’s
fee). The bondsman will also require some collateral (credit
card, title to automobile or boat, title to property) in order
to secure the defendant’s commitment to attend court. The
bondsman then secures the defendant’s release from jail by
guaranteeing to pay the total bond amount should the defendant
fail to appear in court.
Another
method of posting bond is known as the “property bond”. This
utilizes the equity value of real estate to guarantee the
bond directly with the court. This type of bond requires that
the property exist in the State of Florida, and that its equity
total more than the amount of the bond. For example, a property
that has a tax assessed value of $200,000 and a mortgage of
$150,000, has equity of $50,000. Therefore, the property could
only be used for a bond that totaled less than $50,000. This
type of bond also requires that the owner be willing to forfeit
the property to the sheriff if the defendant fails to appear
in court.
An
Attorney can assist in the bond process in a number of ways.
He can request that the court reduce the amount of bond, thereby
saving the defendant money. He can also arrange for the surrender
of the client to the court and request a bond reduction, both
at the same hearing. He can also obtain the cooperation of
the Sheriff’s Dept. in postponing the arrest of the defendant
while the surrender and bond hearing is pending with the court.
From
search warrants, to failure to appear in court, to violations
of probation, please call (727) 446-8303 to speak with Tampa
Bay DUI and Criminal Defense Attorney Charles Holloway
and set up your free initial consultation. He can meet with
you personally in his Clearwater, Tampa, or St. Petersburg
office to discuss your warrant and the legal options available
to you.
Phone: (727) 446-8303
E-Mail: Holloway@PinellasDUI.com
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