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Withdraw my Warrant / Withdraw my Capias

* Actors not actual lawyers or judge

Do you have outstanding warrants for old violations of probation or unknown charges? The old saying that people come to Florida on vacation and leave on probation unfortunately resonates deep and true for some people. It may not be necessary to return to resolve your case. Legal defenses may be applicable because time has passed without this Extraditable Warrant. Statute of limitations or even life changes that make return to Florida not good for client or the state of Florida.

Extraditable Warrants

Don’t just wait to be arrested on such an Extraditable Warrant and sit in jail waiting for the court to set a hearing date on your case. Under most circumstances an attorney can file a motion to withdraw the warrant in absentia (without you being present) to at least get the capias or warrant withdrawn and sometimes get your case dismissed.

Florida Criminal Defense Lawyer

If the warrant was issued for a failure to appear (“FTA”), then find out whether the attorney can simply file a “motion to withdraw” the FTA warrant or capias so that you can avoid being arrested and waiting in custody. This is especially possible if you ever received notice of the court date that you are being accused of failing to attend.

Hiring an attorney will likely reduce or eliminate the amount of time that you spend in custody on the Extraditable Warrant.

Avoiding Extradition

A motion to Withdraw the warrant or Capias in Absentia (Extraditable Warrant) could result in the Florida court releasing it hold on you and allow you to voluntarily return to Florida on your terms.  There can be other defenses raised in the motion such as a possible Motion to Dismiss Based on Statute of Limitations if too much time has lapsed since the date of the alleged offense and the time Florida places a hold on you to extradite to Florida.  If the Court agrees and releases the accused prior to extradition, you will save money as the costs to the government for the extradition (usually around $900.00) are assessed to you along with any fine or court costs in the event of a plea or conviction.


Thomas Law