Missed Your Court Date in Tampa? How to Resolve a Capias Warrant Before You’re Arrested

A bench warrant doesn’t have to mean jail—an experienced attorney can often get you back before the judge and withdraw the capias before you’re taken into custody

What Happens When You Miss Court in Tampa

Missing a court date—or arriving late to court—in Tampa, Hillsborough County, or the surrounding Tampa Bay area can have serious legal consequences. When you fail to appear for a scheduled hearing, the judge will typically issue a capias, also known as a bench warrant, authorizing law enforcement to take you into custody.

However, a missed court date doesn’t have to mean automatic arrest. With swift action by an experienced Tampa criminal defense attorney, you may be able to resolve the situation—often without ever being taken into custody.

Three Steps to Resolve a Capias Warrant

If you’ve missed court and a capias has been issued, follow these steps immediately to minimize the risk of arrest:

Step 1: Contact an Experienced Criminal Defense Attorney

Your first step should be to call a skilled Tampa criminal defense attorney who handles capias cases. An experienced lawyer can verify whether a warrant exists, explain your options, and take immediate action to get you back before the judge.

At The Brancato Law Firm, P.A., attorney Rocky Brancato has over 25 years of criminal defense experience—including service as Chief Operations Officer of the Hillsborough County Public Defender’s Office. He can often get you before the judge the same day or next day, minimizing your risk of arrest.

Step 2: File a Motion to Withdraw the Capias

Your attorney can file a motion requesting the court withdraw the capias. At the hearing, you will have the opportunity to explain why you missed your court date. Your attorney may “proffer” (speak on your behalf) to test the waters with the court. If the judge accepts the proffer, you may not need to testify at all.

Additionally, you can call witnesses and present evidence supporting your explanation. The key is acting quickly—every day you wait increases your risk of being arrested on the outstanding warrant.

Step 3: Show Your Absence Was Not Willful

Florida law recognizes that not all missed court appearances are intentional. Before taking further action against you, the court must determine whether your failure to appear was willful. This critical distinction comes from State v. Blair, 39 So. 3d 1190 (Fla. 2010), which established that courts must make a willfulness determination before revoking bond or imposing additional penalties.

Non-Willful Reasons for Missing Court: What Qualifies

Florida courts recognize that legitimate circumstances can prevent a defendant from appearing. The following reasons may support a finding that your absence was not willful:

Petition for Writ of Habeas Corpus: When Appellate Review Is Needed

In some cases, an attorney may need to file a Petition for Writ of Habeas Corpus before an appellate court to address your situation. “Habeas corpus”—Latin for “you have the body”—is a legal remedy that commands the court to justify your continued detention or release you.

Many criminal defense attorneys never file a writ of habeas corpus in their careers. Tampa attorney Rocky Brancato has successfully used habeas petitions to challenge unlawful detentions and secure client releases.

Preventing Future Missed Court Dates

Once your capias is resolved, take steps to ensure you never miss court again. Tampa traffic can be unpredictable, parking near the Hillsborough County Courthouse fills up quickly, and courthouse security lines can take significant time to navigate.

• Use multiple calendars and set phone reminders for the day before and morning of your hearing
• Set multiple alarm clocks to wake you up—one from your phone, one standalone
• Ask a trusted friend or family member to remind you the night before
• Plan to arrive at least 30-45 minutes early to account for parking and security
• Verify your contact information with the court and your attorney is current
• If something happens on the way, call your attorney immediately—communication matters

Consequences of an Outstanding Capias

Frequently Asked Questions: Capias Warrants in Tampa

What is a capias warrant in Florida?

A capias, also called a bench warrant, is issued when you miss a court date. It authorizes law enforcement to arrest you for failing to appear. In Tampa and Hillsborough County, you must act quickly with an attorney to have the warrant withdrawn before you’re taken into custody.

Why was a capias issued against me?

Judges issue capias warrants when you fail to appear at a scheduled hearing. However, not every missed court date is intentional. Clerical errors, transportation issues, medical emergencies, or work conflicts can explain your absence and help your attorney argue that your failure to appear was not willful.

What should I do if there’s a warrant for my arrest?

Contact a Tampa criminal defense attorney immediately. Attorney Rocky Brancato can verify whether a warrant exists, file the necessary motions, and schedule a hearing to withdraw the capias—often before you’re arrested. Many clients are back before the judge the same day or next day.

Can my attorney withdraw the capias?

Yes. Your lawyer can file a Motion to Withdraw Capias requesting the court cancel the warrant. At the hearing, your attorney can explain why you missed court, present evidence such as proof of notice errors or transportation delays, and argue that your absence was not willful.

What if my failure to appear was not willful?

Florida courts treat non-willful absences differently than intentional failures to appear. If you missed court due to a legitimate reason—clerical error, transportation problem, medical emergency, or work conflict—the judge can withdraw the capias without additional penalties. Courts rely on cases like State v. Blair and Gee v. State to distinguish between intentional and accidental absences.

Can I be released if I’m arrested on a capias?

Yes. Your attorney can seek release through a bond hearing or, if necessary, a Petition for Writ of Habeas Corpus. In Espinal v. Ryan, the appellate court ordered release for a defendant who was only 15 minutes late due to a new job—courts have cautioned against unnecessarily depriving defendants of liberty under such circumstances.

How can I avoid missing court again?

Use multiple reminders, plan for Tampa traffic and courthouse parking, set multiple alarms, and verify your contact information with the court. Always communicate immediately with your attorney if something prevents you from appearing—courts view good-faith efforts to comply more favorably.

How fast can an attorney resolve my capias?

At The Brancato Law Firm, P.A., we often get clients before the judge the same day or next day after contacting us. Time is critical—the faster you act, the less likely you are to be arrested on the outstanding warrant. Call (813) 727-7159 immediately for assistance.

Related:

• Tampa Bond Hearing Attorney – Bond reduction and pretrial release
• Tampa Criminal Defense Attorney – Full-service criminal defense
• Tampa Police Mistakes Can Lead to Case Dismissal
• Don’t Miss Your Court Date in Tampa: Florida’s E-Notify System
• Do You Have an Outstanding Warrant in Tampa?