Arrest Warrants in Polk County, FL
In Polk County, FL, you can search for an outstanding warrant on the Polk County Sheriff’s Office (PCSO) website or on the Florida Department of Law Enforcement (FDLE) website.
Some types of newly issued arrest warrants in Polk County will not appear on the website for several weeks while officers attempt to serve the warrant (sometimes called the “pocket warrant”).
If you have an open warrant for your arrest pending in Polk County, FL, then contact an experienced criminal defense attorney at Sammis Law Firm.
We represent clients in the courtrooms throughout Polk County, including at the main courthouse in Bartow and at the secondary courthouse in Winter Haven.
If your arrest warrant is a capias issued after a failure to appear in court, your attorney might be able to file a motion to quash or set aside the capias.
If you must surrender on the warrant, our criminal defense lawyers can represent you on the outstanding warrant and at the first appearance hearing in court.
During that advisory hearing for the first appearance in court, we can explain to the court all of the reason that you should be released on your own recognizance (ROR) or with the most reasonable pre-trial release conditions possible.
Attorneys for an Arrest Warrant in Polk County, FL
Let our attorneys help you decide the best way to deal with an outstanding warrant. Our criminal defense attorneys represent clients on a wide variety of felony and misdemeanor warrants including:
- a warrant for a new offense obtained by a law enforcement officer;
- direct file warrants obtained by the State Attorney’s Office after an information is filed;
- a violation of probation warrant issued at the request of your probation officer;
- a failure to appear warrant or capias issued by the court if you missed your court date;
- an out of county warrant to hold you while you await being transported another county in Florida; and
- an extradition fugitive warrant (Governor’s warrant) to hold you while you are awaiting be transported to another state.
We can also represent you at the first appearance hearing at the courthouse in Bartow, FL on a warrant. At first appearance, the judge will review the bond status on the new charge or any offense for which the person is already out on bond.
With offices conveniently located in downtown Tampa, we fight cases throughout the greater Tampa Bay area including in Polk County, FL. Contact us to discuss your case.
Call (813) 250-0500 today.
Uniform Bond Schedule for Crimes in Polk County, FL
If a warrant was issued for your arrest, an attorney can help you determine the best way to bond out on the warrant. In Polk County, an administrative order sets out the Uniform Bond Schedule.
The uniform schedule is necessary to provide for the more equal treatment of all felonies, misdemeanors, county ordinance violations, or municipal ordinance violations.
The Polk County uniform bond schedule creates a presumptive bond, although the court at first appearance can decide to make the actual amount higher or lower depending on:
- the circumstances of the case;
- the pre-trial release conditions;
- the defendant’s criminal history or lack thereof; and
- the defendant’s ties to the community.
In other words, the uniform bond schedule does not alter the discretionary authority of a judge in Polk County, FL, to:
- set a bond in an amount different from that listed; or
- to release on recognizance certain detainees after a determination made at First Appearance Hearings (FAH); or
- to affect the eligibility of release of detainees pursuant to the authority granted to Pre-Trial Services.
Presumptive Bond Schedule in Polk County, FL
The administrative order in Polk County sets the following presumptive bond schedule (for cash or surety) based on the degree of the offense:
- County Ordinance (CO) – $ 250.00;
- Municipal Ordinance (MO) – $ 250.00;
- Second Degree Misdemeanor (M2) – $ 250.00;
- First Degree Misdemeanor (M1) – $ 500.00;
- Third Degree Felony (F3) – $ 1,000.00;
- Second Degree Felony (F2) – $ 5,000.00;
- First Degree Felony (F1) – $ 15,000.00;
- Violations of §322.34(6) (DWLSR w/fatality) – $ 10,000.00;
- Violations of §782.071 (Vehicular Homicide) – $ 10,000.00;
- Dangerous crimes, as designated herein – None until FAH;
- DUI §316.193 arrest in Polk County, with one or more prior convictions for DUI – None until FAH;
- Arrestees on active Probation or Community Control – None until FAH;
- Arrestees for Failure to Register as Sex Offender, as defined in §943.0435(14)(c)(4) – None until FAH;
- Life Felony (LF) – None; and
- Capital Felony (CF) – None.
The Maximum Penalties Based on the Degree of the Offense
The administrative order sets the presumptive bond amount based on the degree of the offense and maximum penalties that can be imposed, including:
- Capital Felony (CF) – Death;
- Life Felony (LF) – Not less than 30 years prison and/or $15,000.00 Fine;
- First Degree Felony (F1) – 30 years prison and/or $10,000.00 Fine;
- Second Degree Felony (F2) – 15 years prison and/or $10,000.00 Fine;
- Third Degree Felony (F3) – 5 years prison and/or $5,000.00 Fine;
- First Degree Misdemeanor (M1) – 1 year county jail and/or $1,000.00 Fine; and
- Second Degree Misdemeanor (M2) – 60 days county jail and/or $500.00 Fine.
For purposes of the bond schedule in Polk County, Florida, the term “dangerous crimes” is defined in §907.041(4)(a), Florida Statutes, to include:
- Arson, as defined in §806.01, Florida Statutes;
- Aggravated Assault, as defined in §784.021, Florida Statutes;
- Aggravated Battery, as defined in §784.045, Florida Statutes;
- Illegal Use of Explosives, as defined in §552.22(1) or §790.161(2), (3) or (4), Florida Statutes;
- Child Abuse, as defined in §827.03(1), Florida Statutes;
- Aggravated Child Abuse, as defined in §827.03(2), Florida Statutes;
- Abuse of an Elderly Person or Disabled Adult, as defined in §825.102(1), Florida Statutes;
- Aggravated Abuse of Elderly Person or Disabled Adult, as defined in §825.102(2), Florida Statutes (See reclassification of offenses under §784.08, Florida Statutes);
- Aircraft Piracy, as defined in §860.16, Florida Statutes;
- Kidnapping, as defined in §787.01, Florida Statutes;
- Homicide, as defined in §782.04, Florida Statutes;
- Manslaughter, as defined in §782.07, Florida Statutes;
- Sexual Battery, as defined in §794.011, Florida Statutes;
- Robbery, as defined in §812.13, Florida Statutes;
- Carjacking, as defined in §812.133, Florida Statutes;
- Lewd or Lascivious crimes as defined in §800.04, Florida Statutes, including
- Lewd or Lascivious Battery;
- Lewd or Lascivious Molestation;
- Lewd or Lascivious Conduct;
- Lewd or Lascivious Exhibition,
- Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by solicitation of a person in familial or custodial authority. See §800.04 and §794.011(8)(b), Florida Statutes;
- Burglary of a Dwelling, as defined in §810.02, Florida Statutes;
- Stalking, as defined in §784.048(2), Florida Statutes;
- Aggravated Stalking, as defined in §784.048(3), (4), (5) and (7), Florida Statutes;
- Act of Domestic Violence, as defined in §741.28(2), Florida Statutes;
- Home Invasion Robbery, as defined in §812.135, Florida Statutes;
- Act of Terrorism, as defined in §775.30, Florida Statutes;
- Manufacturing any substances in violation of chapter 893, Florida Statutes;
- Attempting or conspiring to commit any of the crimes listed above, as defined in §777.04, Florida Statutes.
The court must also consider provisions of the “Anti-Murder Act” in §903.0351, pursuant to §948.06(8)(c)(1) – (19) for any Violent Felony Offenders of Special Concern (VFOSC). Note: Offenses in §948.06(8)(c)(1)–(6) and (12)–(17) are included in the above list of “Dangerous Crimes.”
Additionally, any offense committed in another jurisdiction is subject to the same evaluation under the Anti-Murder Act, as if it had been committed within Florida including:
- Lewd or Lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person under §825.1025, Florida Statutes. See §948.06(8)(c)(7), Florida Statutes.
- Sexual performance by a child or attempted sexual performance by a child under § 827.071, Florida Statutes. See §948.06(8)(c)(8), Florida Statutes.
- Computer pornography under §847.0135(2) or (3), Florida Statutes;
- Transmission of child pornography under §847.0137, Florida Statutes; or
- Selling or buying of minors under §847.0145, Florida Statutes. See §948.06(8)(c)(9), Florida Statutes.
- Poisoning food or water under §859.01, Florida Statutes. See §948.08(c)(10), Florida Statutes.
- Abuse of a dead human body under §872.06, Florida Statutes. See §948.06(8)(c)(11), Florida Statutes.
- Treason under §876.32, Florida Statutes. See §948.06(8)(c)(18), Florida Statutes.
Offenses with NO BOND until the First Appearance Hearing
The administrative order in Polk County, FL, requires that for certain offenses, the defendant is held with “NO BOND” until the first appearance hearing including:
- Any alleged offenders charged with committing offenses designated as “Dangerous Crimes” will be held without bond until the first appearance hearing (FAH).
- In addition, offenses under the Anti-Murder Act heading above, while considered “Dangerous Offenses” by statute, are nevertheless serious offenses, and are to be considered when making a determination whether an alleged offender qualifies to be held without bond. Therefore, alleged offenders charged with those offenses as well shall be held without bond until FAH. [It should also be noted, that, for an offender to qualify under the Anti-Murder Act, that offender will also be on probation or community control at the time of the alleged offense.]
- Alleged offenders charged with the following offenses shall be held without bond until FAH:
- Trafficking in Controlled Substances, as defined in §893.135, Florida Statutes; and
- DUI Manslaughter, as defined in §316.193(3)(c)(3)(a) and (b), Florida Statutes.
- Alleged offenders charged with Driving Under the Influence (DUI), pursuant to §316.193, Florida Statutes, who have one or more prior convictions for DUI, shall be held without bond until FAH.
- Any person arrested as a result of an alleged violation of:
- §§741.30, 741.31, 784.046 (violations of Injunctions for Protection against Domestic Violence);
- §784.048 (Stalking);
- §784.08 (Assault or Battery on a person 65 years or age or older), Florida Statutes; and
- anyone charged with Stalking, Assault, Battery, Sexual Assault, Sexual Battery, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing at the same dwelling unit, shall be held without bond until FAH, at which time a reasonable bond shall be set at the discretion of the presiding FAH judge.
- Any person charged with a crime in violation of Chapter 874, Florida Statutes, (Criminal Gang Prevention Act), or any person charged with a crime that is alleged to be subject to enhanced punishment under Chapter 874, Florida Statutes, shall not be eligible for release on bail or surety bond until the first appearance hearing (FAH).
Revocation of Pre-Trial Release for a New Arrest
Any person, out on bond or other form of Pre-Trial Release for a criminal offense, who has been arrested for committing a new offense within the Tenth Judicial Circuit in Polk County, FL, while out on bond or other form of Pre-Trial release, shall be held without bond on the new offense until the First Appearance Hearing (FAH).
At the First Appearance Hearing in Polk County, the FAH judge is required to review the bond status on the new charge and review the status on the offense for which the person is already out on bond or other forms of Pre-Trial Release, to see whether the person must be held without bond on the original charge only, pursuant to Florida Statute §903.0471, based on probable cause that the arrested person has committed a new law violation.
Failure to Appear While on Pre-Trial Release (PTR) in Polk County
Under Administrative Order 2-48.0, the court will automatically revoke pre-trial release (PTR) status after a failure to appear. Keep in mind that it is a condition of Pretrial Release (PTR) is that the Defendant appears at subsequent court hearings.
The courts created this automatic procedure because the court considered it to be desirable to streamline the process whereby defendants who fail to meet that condition of PTR are revoked from PTR status.
For this reason, when a defendant who has been released on PTR fails to appear at any subsequent court hearing and where the judge thereafter issues a capias for the defendant, it shall be automatic that the defendant’s PTR status be REVOKED.
At the time the PTR is revoked, the courtroom clerk will note the revocation of pre-trial release on the “snap-out” form so that proper notification can be given to the appropriate parties.
Bond Procedures for Violations of Probation or Community Control in Polk County
Any person booked into any jail in Polk County on a new offense, (one committed after being placed on Probation or Community Control), shall be held without bond on that new offense until FAH if it is determined that the person is on active Probation or Community Control. Pre-Trial Services shall assist in making this determination.
Polk Criminal Misdemeanor and Felony Cases – Visit the clerk of court website to find or look up the docket for felony and misdemeanor cases. You can search for the criminal case by name or case number in order to find the docket. From the docket, you can look up the charges pending, pleadings filed in the case, whether a warrant has been issued for a failure to appear, and other details about the pending case.
Polk County Jail and Warrant Inquiry – Visit the website of the Polk County Sheriff’s Office with Sheriff Grady Judd, to search for jail information, a list of current inmates, and a list of outstanding warrants. Find out more about an extradition warrant, fugitive warrant, bench warrant, arrest warrant, or capias issued in any criminal case in Bartow, Polk County, FL.
Polk County Sheriff’s Warrant of the Day Post – Visit the facebook page for the Polk County Sheriff’s Office to find posts called the Open Warrant of the Day in which the sheriff highlights one person’s case with an outstanding warrant to ask the public to help find them. The posts used the hashtag #WarrantoftheDay.
Finding a Warrant in Lakeland in Polk County, FL – Visit the website of the Lakeland Police Department to find out more about finding an open warrant through records maintained by the Polk County Sheriff’s Office. Find information about how to lookup a warrant, file a public record request, find jail inmate information, or ordering a traffic crash report.
This article was last updated on Thursday, December 12 2019.