Violation of Probation Warrant
Violation of probation is the third most common type of warrant. When a “VOP warrant” is issued, a bond is rarely included, unless your case concerns a violation of misdemeanor probation.
Under Florida law, a person is not automatically entitled to a bond on a violation of probation.
This is an important distinction that makes VOP warrants different from all other types of warrants. However, this does not mean you cannot get a bond on a VOP warrant. It will be up to your judge to decide if you should get a bond. Unlike regular offenses (that are not life felonies), a person is not entitled to a bond as a matter of right. Rather, it is decision left to your judge’s discretion.
That said, it is not uncommon for judges to grant motions for bond on minor offenses or under unusual circumstances. For example, a judge may grant bond to someone on a violation of probation for possession of cocaine when that person needs surgery or had a death in the family and needs to attend a funeral.
As a rule of thumb, however, bond is typically not granted on violation of probation cases.
Bond Violation Warrant
If you were already out on bond and violated a condition of that bond, your judge may revoke your bond by issuing an arrest warrant or capias. This is common in domestic violence cases where the defendant continues to make contact with the alleged victim, even though there is a no contact order in place.
In the alternative, a person may have been re-arrested for a new offense. If you are out on bond and commit a new crime, the new offense violates the release conditions of the first bond. In other words, when you are out on bond, you cannot get arrested for a new offense. If you do, the judge on the first case has the power to revoke your bond and issue an arrest warrant or capias.
The bottom line is this: When you cross your judge by violating his/her bond order, your judge has the power to issue an arrest warrant as a result.
Contempt of Court Warrant
If you are found in contempt of court for violating a judge’s order, the judge has the power to issue an arrest warrant. In fact, this is the main enforcement powers all judges are given to enforce their orders. In a criminal case, a person can be held in contempt for violating a direct order from a judge. For example, if a witness fails to appear for a deposition after being ordered to do so, the judge can issue an arrest warrant. Or, if a judge orders a defendant to take a drug test and he/she fails to do, the judge can issue an arrest warrant.
Not in Custody Capias
First of all, a “capias” is nothing more than a legal word for an arrest warrant. In Florida, a not in custody capias is typically issued when the State Attorney’s Office decides to file charges against someone who has not been arrested. This is most common following an investigation launched by the State Attorney’s Office or in conjunction with the State Attorney’s Office.
For example, the State Attorney’s Office may launch an investigation into public corruption and then decide to charge a specific person with a crime. To begin the legal process of prosecuting that individual, a not in custody capias is issued and the person is arrested.
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