Florida Warrants Usually Do Not Expire With Time
In Florida, there is no standard number of days, months or years after which an arrest warrant or bench warrant automatically goes away. In most situations, a warrant remains active until law enforcement executes it or the court recalls or otherwise resolves it. Simply waiting does not normally cause a warrant to disappear.
So, how long does it take for a warrant to go away? If you are asking about an arrest or bench warrant in Florida, the answer may be indefinitely. A warrant can remain outstanding for years if the person is not arrested and the court does not recall it.
The Palm Beach County Sheriff’s Office Warrants Division processes, stores and executes arrest warrants issued through the Palm Beach County court system. PBSO also maintains active warrants until they are executed or returned after being recalled by the court.
Why an Old Warrant Can Still Lead to an Arrest
An arrest warrant authorizes law enforcement to take the named person into custody. Florida law does not create a general expiration date that makes an arrest warrant unenforceable after a certain number of years.
Under Florida Statute 901.04, an arrest based on a warrant may occur on any day and at any time of the day or night.
Therefore, an old warrant can create problems long after the person believed the original matter was behind them. A routine traffic stop, contact with law enforcement or another situation where identification is checked could reveal an outstanding warrant.
The fact that no one has recently contacted the person about the case does not mean the warrant is no longer active.
Common Reasons Courts Issue Warrants
Not every warrant begins with someone avoiding an arrest. Warrants can arise at different stages of a criminal case.
An arrest warrant may be issued when a judge finds probable cause to believe that a person committed an offense. Florida Statute 901.02 explains when a judge may issue an arrest warrant.
A court may also issue a warrant after a criminal case has already started. Common situations can include:
- Missing a required court appearance
- Violating a condition ordered by the court
- Failing to respond to certain criminal court proceedings
- An alleged violation of probation or community control
- A new issue arising while a criminal case is pending
The reason for the warrant matters because it can affect what happens after the person is arrested or voluntarily addresses it.
A Missed Court Date Can Create Additional Problems
Failing to appear for court should never be ignored. Under Florida Statute 843.15, a person who has been released on bail and willfully fails to appear as required may forfeit the security provided for release. Depending on the original charge, a willful failure to appear may also result in an additional criminal offense.
If a defendant was released on a bail bond, the failure to appear can also affect that bond. Florida’s bail laws provide for bond forfeiture when a defendant fails to appear as required.
For that reason, someone who discovers a warrant connected with a missed appearance should not assume that paying an old fine or waiting for the case to become inactive will automatically remove the warrant. The court must properly address the warrant.
Is a Statute of Limitations the Same as a Warrant Expiration Date?
No. This is one of the most important distinctions to understand. A statute of limitations establishes deadlines for commencing prosecution of many criminal offenses. A warrant concerns the authority to arrest someone in connection with a case.
Florida’s criminal limitations law is found in Florida Statute 775.15. The general limitations periods vary by the type and degree of offense. Florida also has many exceptions, and some crimes may be prosecuted at any time.
Florida law contains specific rules for determining when a prosecution has legally commenced. For a defendant who has not previously been arrested or served with a summons, filing an indictment or information can commence prosecution when the related process is executed without unreasonable delay. The law also considers circumstances such as an inability to locate the defendant after a diligent search or the defendant being outside Florida.
Therefore, seeing that an alleged offense occurred several years ago does not establish that an existing warrant has expired. Questions about whether a statute of limitations affects a particular criminal case should be discussed with a Florida criminal defense attorney.
Leaving Florida Does Not Automatically Clear an Outstanding Warrant
Moving to another county or leaving Florida does not automatically cancel a warrant.
Palm Beach County Sheriff’s Office warrant information is entered into local, state and, when applicable, national criminal justice databases. PBSO also handles fugitive extraditions involving people wanted in other jurisdictions and people arrested outside Palm Beach County on Palm Beach County warrants.
Whether Florida will seek to return someone from another jurisdiction can depend on the warrant, charges and circumstances. However, being outside Palm Beach County or Florida should not be interpreted as evidence that the warrant disappeared.
How to Check a Criminal Case in Palm Beach County
If you believe there may be an outstanding warrant, reviewing the underlying court case can provide important information.
The Palm Beach County Clerk of the Circuit Court & Comptroller maintains criminal court records filed in Palm Beach County.
You can also use Palm Beach County eCaseView to search many criminal and traffic cases online. Available information can include charges, court dates, dispositions, sentences and documents associated with the case.
However, an online search should not always be treated as definitive proof that no warrant exists. Some cases or documents may have limited public access, and warrant information can change.
For cases outside Palm Beach County, our Florida County Court Case Search Directory provides links to official court case search resources for counties throughout Florida.
What Can Make a Warrant No Longer Active?
A warrant does not generally disappear simply because enough time has passed. Instead, something normally has to happen in the case.
Depending on the circumstances, a warrant may no longer remain active after:
- Law enforcement arrests the person and executes the warrant
- The person voluntarily addresses the warrant through the appropriate legal process
- A judge recalls the warrant
- The court resolves the issue that resulted in the warrant
- Another court order changes the warrant’s status
Exactly how a warrant should be handled depends on why it was issued. Therefore, someone with an outstanding warrant should consider speaking with a criminal defense attorney before deciding how to proceed.
Can You Get a Bail Bond for an Outstanding Warrant?
Sometimes. Whether bail is available depends on the warrant, underlying charges and any conditions imposed by the court. Some warrants already include a bond amount. In other cases, the defendant may have to remain in custody until appearing before a judge who determines whether bail will be allowed and what conditions will apply.
A warrant may also involve more than one charge or another hold that affects release. As a result, seeing one bond amount does not always mean posting that amount will immediately result in release. Frank Chavez Bail Bonds can review available booking and bond information and explain the bail bond process when a person has been arrested on an outstanding warrant.
What Happens After Someone Is Arrested on a Warrant?
Once law enforcement executes an arrest warrant, the person is generally taken into custody and processed through the appropriate jail. The jail reviews the charges, warrant information and bond status. If a bond has already been authorized and the defendant is eligible for release before first appearance, bail may be available during the booking process.
However, some defendants must appear before a judge before they can be released. The court may then establish or modify the bond amount and impose conditions of pretrial release.
After an eligible bond is posted, the jail must complete its release procedures before the defendant can leave custody.
Frequently Asked Questions
Does a warrant expire after seven years in Florida?
There is no general Florida rule stating that an arrest warrant automatically expires after seven years. A warrant may remain active until it is executed, recalled or otherwise resolved by the court.
Can a warrant be active for 10 or 20 years?
Yes, an arrest warrant can potentially remain outstanding for many years. The age of the warrant alone does not necessarily make it invalid or unenforceable.
Will a warrant disappear if I leave Florida?
No. Leaving Florida does not automatically cancel an outstanding Florida warrant. Depending on the type of warrant and charges, information may also be available to law enforcement outside the county or state.
Can a bail bondsman remove a warrant?
No. A bail bond agent cannot cancel or recall a warrant. Only the appropriate court or legal process can change the warrant’s status. However, a bail bond agent can assist with posting an authorized bond when the defendant is eligible for release.
Can I post bail before I am arrested on a warrant?
The answer depends on the warrant and procedures involved. Some warrants include a predetermined bond amount, while others require the defendant to appear before a judge. A criminal defense attorney can advise how the warrant itself should be handled, while a licensed bail bond agent can explain the bond process when bail is available.
Does an old warrant mean the criminal case is still open?
It can. An outstanding warrant may indicate that an unresolved issue remains in a criminal case. Reviewing the official court record can help identify the case status, but legal questions about an old case should be addressed with an attorney.
Help With Bail After a Warrant Arrest in West Palm Beach
Finding out that you or someone you know has an outstanding warrant can create immediate questions about arrest, jail and release. However, the age of a warrant is not a reliable indicator of whether it remains enforceable.
If someone has been arrested on a warrant in West Palm Beach or elsewhere in Florida, Frank Chavez Bail Bonds can review the available bond information and explain what is required to begin the bail process. For 24-hour bail bond assistance, call Frank Chavez Bail Bonds at 561-963-2002.
This article provides general educational information and is not legal advice. Warrant status, statutes of limitation, bail eligibility and court procedures depend on the specific facts of each case and current Florida law. Questions about resolving or challenging a warrant should be directed to a licensed Florida attorney.
