Thomas C. Grajek | March 7, 2026 | Criminal Defense
Finding out that a warrant has been issued against you as a criminal defendant can be alarming. Law enforcement and courts in Florida use different types of warrants for different purposes. Some authorize the police to arrest you, while others give them the authority to search your property.
Knowing the differences matters because each type of warrant carries its own set of legal implications. Here’s what you should know about the types of warrants that exist in Florida and what steps you can take to protect yourself.
Arrest Warrants
An arrest warrant is a court order that authorizes law enforcement to take you into custody. The judge will issue an arrest warrant when there is probable cause to believe that you committed a crime.
To obtain an arrest warrant, a law enforcement officer or prosecutor must submit a sworn affidavit to the court describing the alleged offense and the evidence supporting it. The judge will then review the affidavit and decide whether the evidence is sufficient. If it is, the warrant will be signed and law enforcement can execute it by placing you under arrest.
Once an arrest warrant has been issued, it remains active until it is either executed or recalled by the court. There is generally no expiration date. That means if you have an outstanding arrest warrant in Florida, you could be taken into custody at any time during an encounter with the police.
Search Warrants
A search warrant authorizes law enforcement to search a specific location for evidence of a crime. Like arrest warrants, search warrants must be supported by probable cause and approved by a judge.
Under the Fourth Amendment to the U.S. Constitution, you are protected against unreasonable searches and seizures. For that reason, search warrants must meet strict requirements in order to be valid.
Specifically, the warrant must:
- Describe the place to be searched
- Identify the specific evidence to be seized
- Be based on a sworn affidavit establishing probable cause
- Be signed by a neutral judge
If law enforcement conducts a search that goes beyond what the warrant authorizes, any evidence they collect may be suppressed in court. This is known as the exclusionary rule, and it can significantly impact the outcome of a criminal case.
Bench Warrants
A bench warrant is issued directly by a judge, typically when someone fails to comply with a court order. The most common reason for a bench warrant in Florida is a failure to appear for a scheduled court date.
However, bench warrants can also be issued for other reasons, such as violating the terms of your probation. If a bench warrant is issued against you, law enforcement has the authority to arrest you and bring you before the court.
It’s worth noting as well that bench warrants do not go away on their own. Ignoring a bench warrant will only make your legal situation worse and could result in additional charges on top of whatever you were originally facing.
Contact the Lakeland Criminal Defense Attorney at Grajek Criminal Defense Attorneys for Help Today
Knowing how the different types of warrants in Florida work can help you make informed decisions if you ever find yourself in this situation. Regardless of the type of warrant involved in your case, the consequences of ignoring it are almost always worse than addressing it head-on.
If there is a warrant out for your arrest or you believe one may have been issued, Grajek Criminal Defense Attorneys can help. The sooner you take action, the better positioned you’ll be to protect your rights and work toward a favorable outcome.
For more information, contact the Lakeland Criminal Defense attorneys at Grajek Criminal Defense Attorneys for a free consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606