RULE 3.121.   ARREST WARRANT

(a)    Issuance. An arrest warrant, when issued, shall:

(1)    be in writing and in the name of the State of Florida;

(2)    set forth substantially the nature of the offense;

(3)    command that the person against whom the complaint was made be arrested and brought before a judge;

(4)    specify the name of the person to be arrested or, if the name is unknown to the judge, designate the person by any name or description by which the person can be identified with reasonable certainty, and include a photograph if reasonably available;

(5)    state the date when issued and the county where issued;

(6)    be signed by the judge with the title of the office; or, may be electronically signed by the judge if the arrest warrant bears the affiant’s signature, or electronic signature, is supported by an oath or affirmation administered by the judge, or other person authorized by law to administer oaths, and, if submitted electronically, is submitted by reliable electronic means; and

(7)    for offenses where a right to bail exists, set the amount of bail or other conditions of release, and the return date.

(b)    Amendment. No arrest warrant shall be dismissed nor shall any person in custody be discharged because of any defect as to form in the warrant; but the warrant may be amended by the judge to remedy such defect.


Last Modified on Rules.Legal: