Rules for Issuing a Florida Arrest Warrant
An arrest warrant is generally issued by the court to arrest and bring a defendant before it, where the defendant has to furnish answers to the alleged complaint. The defendant is then dealt in accordance to the state law in Florida. In Florida, an arrest warrant is required to arrest an individual for a misdemeanor charge that may be committed in the absence of an officer. An arrest warrant is also required for misdemeanor charges committed by an individual, which include driving under the influence of any controlled substance, liquor or for a domestic assault.
However, according to Florida laws, an arrest warrant is not required for a felony offense that takes place in the presence of a police officer. An arrest warrant is also not required for a felony offense if the police officer has reason to believe that a felony has been committed by the individual or if the arresting officer has evidence to support his belief. Under Florida laws, an arrest warrant is also not required for felony and misdemeanor charges in which individuals have been arrested by the police officer and then brought before a judicial magistrate who sanctions the arrest. For more information on Florida arrest warrants you can visit: http://pas.fdle.state.fl.us/pas/pashome.a .
Finding Florida Arrest Records
Florida arrest records are maintained by the Criminal Justice Information Services (CJIS) division of the Florida Department of Law Enforcement (FDLE). These arrest records are filed at various levels of the state such as the sheriff’s offices, the county police departments and the state criminal justice agencies and then forwarded to the state’s central depository.
According to the state laws any arrest in Florida needs to be reported even if the arrests do not result in a conviction. Information for all Florida arrest records are provided to the national agencies such as the United States Department of Justice and the Federal Bureau of Investigation.
Arrest records are considered public records in Florida. Individuals can access arrest records that deal with misdemeanor or felony cases unless these records are sealed or expunged by a court order or a statute. However you still need to use the official request form to access the information available in an arrest record. The official request form is available online. Individuals and authorized agencies can download these forms from the official website of the Florida Department of Law Enforcement (FDLE). The Florida Department of Law Enforcement can be reached for any queries or assistance at:
Florida Department of Law Enforcement
USB/Public Records
P.O. Box 1489
Tallahassee, Florida 32302
Phone: (904) 488-4931
Website: www.fdle.state.fl.us/CriminalHistory
Contents of an Arrest Record in Florida
Information available in Florida arrest records includes individual details such as first name, last name, any other aliases, age, date of birth, place of birth, race, physical descriptions such as weight, gender, height, eye color, photo, arrests, date of arrest, location of arrest, any dispositions, and details about convictions and probation.
Arrest records available with the Florida Department of Law Enforcement date back to 1950 and are available through the present date. To search for arrest records before 1950, individuals need to go to the county courthouses. The clerks of the county courts maintain these records. To retrieve the address of the various clerks of court in Florida you can use the following website: http://dlis.dos.state.fl.us/fgils/http://www.peoplepublicrecords.org/coclerks.html
Accessing Arrest Records
Individuals can access or carry out a search on the Florida arrest records by one of four ways. The options available are:
A search by name: for this, individuals need to include details such as date of birth, name, sex and race. Individuals can also conduct a search by the booking number if that is available, or by using the booking date of the arrest warrant. This option allows individuals to retrieve a summary of the arrest report or acquire a detailed report. Individuals can also carry out a search by the release date. This search requires the name or booking number of the offender.
Individuals can also request arrest records from the Florida Department of Law Enforcement by sending a money order or check for $24 payable to the Florida Department of Law Enforcement. When you send a written request, you should include details such as the date of birth, full name of the individual or any other known aliases, race, sex, Social Security Number (if available) and age. Enclose the details in a stamped envelope with your mailing address written on it. Send this written request to:
Florida Department of Law Enforcement
USB/Public Records
P.O. Box 1489
Tallahassee, Florida 32302
Phone: 850-410-8109
Website: http://www.dc.state.fl.us/AppCommon/
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