Stephen G. Cobb - Florida Criminal Defense Lawyer

Arrest Warrant Procedure


Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

Okay. Once the investigation has completed, what the officer is going to do is one of two things. They are going to do an arrest in the field, or they are going to do a probable cause request. Now, if they do a probable cause request, it has to go through several steps. For example, a road deputy will then turn to a supervisor and request approval for a warrant request. If the supervisor agrees, then from there, it may go to someone else in that particular law enforcement department, or it goes directly to one of the 20 offices of the state attorney within the 67 counties that constitute Florida. The next step after that is that a duty assistant state attorney will review the probable cause packet and then they will initial it if they believe the probable cause to believe a crime has been committed has occurred. From there, once it has been initialed by the supervisor, once it has been initialed by the assistant state attorney, it then goes to a judge who is on a duty rotation. The duty judge will then have a stack of warrant requests and they’ll go through them one-by-one and they will either find probable cause or they will not find probable cause.

Now, to end this particular section, you may have a question such as “Well, what if they don’t do an arrest and they don’t do a probable cause request for a warrant for someone’s arrest? Well, in that case, you are very lucky and you probably wouldn’t be watching this series.

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

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Stephen G. Cobb, Esq.

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