Missed Your Court Date in Tampa? Here’s What You Need to Do Next

Is There a Warrant Out for You?

Missing a court date (or arriving late to court) in Tampa, Hillsborough County, or the surrounding areas of Tampa Bay, Florida, can have serious legal consequences. If you were late or failed to appear for your hearing, the judge may issue a capias, also known as a bench warrant, for your arrest. If this has happened to you, it is crucial to act fast to resolve the situation before it leads to further complications.

What Is a Capias and Why Was It Issued?

A capias is a court-issued warrant that authorizes law enforcement to take you into custody due to your failure to appear in court. The court will issue a capias if no explanation or mitigating information is provided at the time of your absence. Ignoring a capias can result in your arrest, higher penalties, and difficulty securing future release.

Steps to Take If a Capias Has Been Issued

If you missed court and a capias has been issued, follow these steps immediately:

1. Contact an Experienced Criminal Defense Attorney

Your first step should be to call a skilled Tampa criminal defense attorney, such as Rocky Brancato of The Brancato Law Firm, P.A. With over 25 years of trial experience, he can act swiftly to get you back before the judge and work to have the capias withdrawn.

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” or speak for you to test the waters with the court. If the court accepts the proffer, you may not need to testify. You can also call witnesses and present evidence. Time is of the essence to have this hearing. In many cases, The Brancato Law Firm, P.A. can get you before the judge the same or next day, minimizing the risk of arrest.

3. Show Your Absence Was Not Willful

Florida law recognizes that not all missed court appearances are intentional. Before taking further action, the court must determine whether your failure to appear was willful. See State v. Blair, 39 So. 3d 1190 (Fla. 2010).

Common Non-Willful Reasons for Missing Court

Several valid reasons may mitigate or be a defense to your failure to appear, including:

• Clerical Errors: If the court notice was sent to the wrong address, you may not have been aware of your court date.
• Transportation Issues: Car trouble or unexpected traffic delays can prevent timely arrival. See Lee v. State, 471 So. 2d 195 (Fla. 4th DCA 1985).
• Unavoidable Travel Issues: In one case, a defendant was stranded in another part of the state but made an effort to notify the court, and the appellate court found no evidence of a willful violation. See Gee v. State, 38 So. 3d 806, (Fla. 2d DCA 2010).

Even if the court finds your absence was willful, the judge must still determine whether reasonable conditions of release can be set. State v. Blair, 39 So. 3d 1190 (Fla. 2010). Acting quickly and securing legal representation can help you avoid arrest and minimize penalties.

Preventing Future Issues

To avoid missing court dates in the future:

• Use multiple calendars and set reminders.
• USE multiple alarm clocks to wake you up, perhaps one from your phone and one other.
• Ask a trusted friend or family member to remind you.
• Plan for potential delays—traffic in Tampa can be unpredictable, and parking/security lines can take time to navigate.

Petition for Writ of Habeas Corpus

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, a Latin term meaning “you have the body,” is a legal remedy that commands law enforcement to release you from custody if you were wrongfully detained. For example, in Espinal v. Ryan, 31 So. 3d 818 (Fla. 3d DCA 2010), the defendant was 15 minutes late due to issues getting to court from a new job he had started that night. The lower court held him in jail. His attorney filed and won a Petition for Habeas Corpus, leading the appellate court to grant the writ and caution that courts should be very cautious about depriving a person of their liberty in such circumstances.

Get Legal Help Now – Put Rocky in Your Corner!

If you have missed your court date, do not wait. A capias can lead to your arrest and further legal complications. The Brancato Law Firm, P.A., led by award-winning attorney Rocky Brancato, is ready to help. With over 25 years of criminal defense experience, we will guide you through the legal process and work to have your capias withdrawn.

Call us today at 813-686-2093 for a free consultation and let us help you get back before the judge as soon as possible.

Why Choose The Brancato Law Firm, P.A.?

• 25+ years of experience in criminal defense.
• Aggressive and strategic defense to fight for your rights.
• We will get working right away for capias withdrawal hearings.
• Proven track record of successfully handling failure-to-appear cases in Tampa.

Don’t risk your freedom—call now to take the first step toward resolving your legal situation.