Capias in Florida: How to Withdraw a Capias in Florida

August 1, 2017 Criminal Defense Bench Warrants, Capias, Warrants

Capias in Florida: How to Withdraw a Capias in Florida

How to withdraw a capias in Florida? This is not a question many people have to deal with on a daily basis unless you are a criminal defense attorney or someone in the criminal justice system.  In previous blog posts I have defined what a Capias actually is and what it is used for by the prosecutor and/or the judge here in Florida.  Everyone may have his or her own approach to getting a Capias withdrawn.  The best strategy for dealing with or withdrawing a capias is by a stipulated motion (Stipulated Motion to Withdraw Capias) where the State Attorney and the Defense Attorney agree to withdraw the Capias.  This motion to withdraw capias is thereby agreed upon (with any attached conditions) between the attorneys on both sides and a proposed order is presented to the issuing party (usually a judge) with a proposed order withdrawing the capias.  Should the judge approve the stipulated motion he/she will usually (not always) sign an order withdrawing the capias, set a hearing on the motion to take testimony (especially in domestic violence cases).  The vast majority of judges will order a capias lifted or withdrawn if both the State and Defense agree and the circumstances warrant withdrawal of the issued capias.