Warrants, bonds, first appearances, mysterious docket entries — the machinery questions, asked most often at night by the person who just found out. Michael has answered these for a decade in Orange and Osceola County; here they are, updated to current law and local practice. Part of the Criminal Defense Q&A Library.
Warrants and getting ahead of them
Often, yes — and the difference is whether you act or wait to be found. For a capias from a missed court date, counsel can move to withdraw it and reset the case, frequently resolving everything at one hearing. Where surrender is unavoidable, a planned surrender — arranged timing, bond ready, first appearance covered — turns days in custody into hours. What never works: driving around hoping. Warrants surface at traffic stops, at 3 a.m., at the worst moment, and an arrest on the State's schedule always costs more than one on yours.
A capias is a court-issued arrest order — typically for a missed appearance or, in VOP cases, an alleged violation. Whether a bond rides on it is the judge's call at issuance: many failure-to-appear capiases carry a preset bond you can post immediately, while VOP capiases usually issue no-bond. A no-bond capias means custody until a judge addresses it — which is exactly why the play is a motion to withdraw or set bond before the arrest happens, with an explanation for the miss (notice failures are common and provable).
They'll sit in the arresting county's jail while the county holding the warrant arranges transport — and that pickup can take days to weeks, with the clock largely invisible to the family. Counsel in the warrant county can compress this: getting the case set, arranging bond there, sometimes resolving the underlying matter so the transfer becomes unnecessary. If the warrant is from a Central Florida county and the arrest happened elsewhere (or vice versa), the useful lawyer is the one where the warrant lives, not where the handcuffs went on.
Custody, charges, and the clock
The rules put teeth behind the wait. If no information is filed within 21 days, the defense can demand an adversary preliminary hearing and make the State show its case. A person still in custody uncharged must generally be released on recognizance by day 33 (the State can seek a good-cause extension to day 40). And independent of filing, Florida's speedy-trial rule requires trial within 175 days of a felony arrest unless waived. These deadlines aren't self-executing — someone has to invoke them, which is a defense lawyer's job in week one.
Good news, usually: a "no action" or "no information" entry means the State Attorney reviewed the arrest and declined to file that charge — the intake prosecutor looked at the case and passed. Two follow-ups matter. First, confirm every count shows the same disposition; the State sometimes no-files one charge while filing another, or shifts a case between misdemeanor and felony divisions. Second, remember the arrest itself remains a public record — a no-file is the setup for an expunction, not a substitute for one.
Orange County's inmate search posts booking, charges, and bond within hours of arrest (Osceola and Seminole run equivalents), and the clerk of court's site shows the case file as it builds. If a dollar bond is listed, it can be posted immediately — cash for the full amount or a licensed bondsman at Florida's standard 10% premium, which is not refundable. If it shows no bond, that means a judge sets it at first appearance within 24 hours — the hearing where having retained counsel standing there matters most.
It's in danger. A new arrest while on pretrial release is grounds for the State to move to revoke the first bond — and Florida law is unforgiving here, allowing pretrial detention in that posture. Best case, you're posting a second bond with tighter conditions; worst case, you're held on both. If this is where you are, the priority order is: say nothing about either case, get counsel on both files immediately (they must be defended as a pair), and prepare the release argument before the State files its motion rather than after.
Court dates, diversion, and the tools nobody tells you about
Arraignment is the formal reading of charges and entry of a plea — routine, brief, and nobody gets taken into custody there absent a warrant or a violation of release conditions. With retained counsel, a written plea of not guilty is typically filed and your appearance is often waived entirely — you stay at work, the case moves on schedule. What arraignment really is: a deadline. It's when early offers surface and discovery obligations kick in, so walking in without a strategy means the first decision point of your case happens without you armed.
Diversion (PTI/PTD) is a contract with the State Attorney's Office: complete the program — classes, community service, testing, restitution — and the charge is dismissed. It's often the best outcome available for first offenses, and completion sets up an expunction. But it is the State's program, run on the State's terms: a failed test, a new arrest, or even a paperwork stumble can get you rejected, and rejection means the case simply resumes where it left off. Two rules: don't enter diversion you can't finish, and don't assume you're done until the dismissal paper is in your hand.
Yes — and this is Florida's quiet gift to the defense. Unlike most states, Florida allows depositions in felony cases: the officers, the alleged victim, the State's listed witnesses, under oath, on the record, months before any jury. Stories locked in early can't improve later; inconsistencies become cross-examination; weak cases reveal themselves and get re-priced. The prosecutor attends and may ask questions too, but the deposition is the defense's tool. When you're comparing lawyers, ask how they use depositions — the answer tells you how they build cases.
Almost never. Judges can't consider one-sided contact about a pending case — most letters get filed unread or answered with "retain counsel and file a proper motion," and anything you write can be pulled into the case against you. The impulse behind the letter is right: you have context the file doesn't show. The channel is wrong. That context belongs in a motion, a mitigation packet, or a negotiation with the State — delivered by counsel, in the form the system is built to receive, at the moment it moves the needle.
The clock is already running — on the warrant, the filing decision, and the bond. Get someone on your side of it.
Call (407) 749-1034 — phones answered around the clock — or request a confidential consultation.
Related
The Felony Process
The full arrest-to-resolution timeline these questions live inside.
Probation & VOP Q&A
No-bond VOP warrants and the hearing where a judge decides alone.
Sealing & Expungement
What happens to the record after the case ends — and how to erase it.
Q&A Library Home
All criminal topics — answered from a decade in these courtrooms.
Adapted and updated (July 2026) from Michael T. Mackhanlall's public Avvo answers. General information about Florida law — not legal advice, and no attorney-client relationship is created. Procedure referenced includes Fla. R. Crim. P. 3.130, 3.131, 3.133, 3.134, 3.191, and 3.220. Local practices described are Ninth Judicial Circuit norms and can vary. Every case depends on its facts; prior results do not guarantee a similar outcome.