Volusia County Florida bench warrants are court orders that direct law enforcement to arrest a person who missed a court date or broke a court rule. Judges in the 7th Judicial Circuit Court, based in DeLand, sign these warrants.
The warrant stays active in state and federal databases until a court recalls it or the named person is taken into custody. This page covers how to look up a warrant, the legal penalties tied to one, and the steps needed to clear it through official channels in Volusia County.
How a Bench Warrant Works in Volusia County
A bench warrant is a written order signed by a judge that gives a sheriff or police officer the legal power to arrest a named person. The judge signs it after the person fails to appear at a court hearing, ignores a court order, or skips a required session like jury duty. Once signed, the warrant enters the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC) within hours. Any law enforcement officer in Florida or across the United States can act on the warrant during a traffic stop, at an airport, or during any police contact.
Bench Warrant vs Capias vs Arrest Warrant
Three types of court orders lead to arrest in Florida. Each one comes from a different legal trigger. Knowing the difference helps a person take the correct legal step.
| Type | What It Does | Reason for the Order |
|---|---|---|
| Bench Warrant | Orders police to arrest and bring a person to court | Failure to appear in court or break a court order |
| Capias | Orders police to take a person into custody | Court judgment, sentencing, or adjudication step |
| Arrest Warrant | Orders police to arrest based on sworn evidence | Probable cause from a criminal investigation |
Florida Statutes That Cover Bench Warrants
Two main Florida rules cover bench warrants. Florida Statute 901.02 sets the legal basis for signing the order. Florida Rule of Criminal Procedure 3.730 and 3.790 cover how the clerk and state attorney prepare a capias or recall paperwork. Florida Statute 843.15 sets the criminal penalty for missing court. Volusia County judges follow these statutes for every warrant signed in the 7th Judicial Circuit.
Common Reasons Warrants Get Signed
Judges sign bench warrants for many reasons. Missing a court date is the most common trigger. Other reasons include failing to pay a court-ordered fine, breaking a probation rule, skipping court-ordered classes, or ignoring a domestic violence injunction. Some warrants come from unpaid child support after a court order. Traffic tickets that go unpaid can also turn into a warrant once the case moves to a court hearing.
Do Florida Warrants Expire
Florida bench warrants do not expire under state law. A warrant signed in 2005 can still result in an arrest today. The warrant stays active in the FCIC and NCIC systems the entire time. The only ways to clear it are arrest, recall by the judge, a granted motion to quash, or proof the named person is deceased. Search warrants signed under Florida Statute 933.05 follow different rules and last only 10 days.
The 7th Judicial Circuit Covers Volusia
Volusia County sits inside the 7th Judicial Circuit along with Flagler, St. Johns, and Putnam counties. The Chief Judge and Clerk of Court in DeLand have authority over warrant paperwork across the circuit. Three agencies share warrant records: the Clerk of Court, the Sheriff’s Office, and the Florida Department of Law Enforcement (FDLE). These agencies share data through the eWarrants and CCIS systems that link all 67 Florida counties into one searchable network.
The Clerk of Court in DeLand
The Volusia County Clerk of Court keeps the master case file and warrant records for every case in the county. The main office sits at 123 West Indiana Avenue, DeLand, Florida 32720. The clerk’s office answers phone calls at (386) 736-5915 during normal business hours. Public records requests can be made in person, by mail, or by phone. The clerk also runs the online court records search at volusiaclerk.org.
The Volusia County Sheriffs Office
Sheriff Michael J. Chitwood leads the Volusia County Sheriff’s Office. The office headquarters sits at 123 West Indiana Avenue in DeLand. The warrants unit serves bench warrants across the county, including cities like Daytona Beach, Deltona, Ormond Beach, and New Smyrna Beach. Under Florida Statute 901.04, any sheriff in the state can serve a Volusia County warrant. The sheriff’s site at volusiasheriff.gov posts public records, daily activity reports, and alert signups.
FDLE Statewide Warrant Search
The Florida Department of Law Enforcement runs a free public warrant search at fdle.state.fl.us. The site pulls data from every county clerk and sheriff across the state and updates the list every 24 hours. Users can search by first name, last name, date of birth, or alias. The system covers outstanding warrants, capias warrants, failure to appear warrants, and violation of probation warrants. FDLE states the data should not be the only legal source for a case decision.
How to Search Volusia County Warrants
Looking up a Volusia County warrant takes a few minutes using free government tools. Three official sources give the most accurate results. Always use government websites for the search. Avoid private sites that charge fees or sell old data from other states.
Use the Clerk Online Records Portal
The Volusia County Clerk runs a free online search at volusiaclerk.org. Type a full name, date of birth, or case number into the search box. Results show the case status, charge type, and any active warrants. The system updates on a fixed schedule, so warrants signed that same day may not appear for several hours. If a case does not appear online, the warrant may still be active or pending entry into the system.
Run an FDLE Wanted Persons Search
The FDLE website at fdle.state.fl.us offers a public warrant search form. The form asks for a first name, last name, and date of birth. Results list the county that issued the warrant, the charge type, and the date the warrant was signed. Warrants from Volusia County appear in the same list as warrants from Miami-Dade, Hillsborough, Broward, Orange, and Duval counties. The database refreshes once a day across all 67 counties.
Call the Sheriffs Warrants Unit
Phone callers can reach the sheriff’s warrants unit through the non-emergency line. The clerk’s phone line at (386) 736-5915 also answers warrant status questions during business hours. Both offices follow Florida privacy rules and may need a date of birth or full legal name to look up a case. Do not share personal details over the phone without verifying the line first through a published government directory.
Visit the Courthouse in Person
Public computers at the Volusia County Courthouse in DeLand let visitors search warrant records for free. The clerk’s office staff can help locate the correct file. Bring a photo ID and any case numbers in hand. Walk-in hours run Monday through Friday from 8:00 a.m. to 4:30 p.m. Eastern Time. Records viewing at the counter takes about 10 to 15 minutes per name searched.
Penalties Linked to Volusia Warrants
A bench warrant creates a new legal problem on top of the original case. Missing court leads to a separate charge called Failure to Appear. Florida Statute 843.15 sets the penalties based on the level of the original charge. The new charge carries its own bond amount, court date, and possible jail time.
Failure to Appear on a Misdemeanor
Missing court on a misdemeanor adds a first-degree misdemeanor charge. The penalty can reach up to one year in county jail plus fines. The judge signs a new bench warrant for the Failure to Appear charge even if the original case closed. The two charges move through the court at the same time and the records stay on the person’s history.
Failure to Appear on a Felony
Missing court on a felony adds a third-degree felony charge. The penalty can reach up to five years in state prison plus fines. The new Failure to Appear charge carries its own arrest warrant. The person can be held without bond on serious felony warrants depending on the case history and the judge’s review.
Bond Amounts Set by the Judge
Bond amounts depend on the original charge and the person’s history. Low-level misdemeanor warrants often carry bonds of $200 to $500. Felony FTA warrants often carry bonds of $5,000 to $25,000 or more. Some cases get no bond allowed by the judge. The bond acts as a promise to appear at the next hearing.
License Holds From a Warrant
A warrant can lead to a driver’s license hold under Florida Statute 322.245. The hold stops the person from renewing or updating a license until the case is resolved. Warrants also show up on background checks for jobs, housing, loans, and school programs. Clearing the warrant lifts the hold at the DMV.
Clearing a Volusia County Bench Warrant
Clearing a warrant takes a few steps and often needs a lawyer. Acting fast helps avoid the surprise of an arrest at a traffic stop. Below are the main paths to clear a warrant in Volusia County.
Hire a Local Criminal Defense Lawyer
A Florida criminal defense attorney can file paperwork to recall or quash the warrant. The lawyer can also appear in court on the person’s behalf for many low-level cases. Volusia County attorneys familiar with the 7th Circuit Court know the local judges and clerks and can move cases faster. Many law firms offer a free first consultation for warrant cases.
File a Motion to Recall or Quash
A motion to recall asks the judge who signed the warrant to cancel it. A motion to quash asks the court to void the warrant for legal reasons like lack of notice or identity mistake. Both motions need a sworn reason and supporting facts. Judges grant these motions more often for older warrants, minor charges, or proven hardship like a family medical issue.
Voluntary Surrender Steps
Surrendering at the Volusia County Jail in DeLand beats getting arrested at a traffic stop. Call the sheriff’s office first to learn the current surrender steps. Bring a photo ID, the attorney contact card, and any paperwork from the lawyer. Some cases get a quick court appearance and a same-day release on bond after booking.
The voluntary surrender steps at the Volusia County Jail follow this order:
- Call the warrants unit at the sheriff’s non-emergency line
- Schedule a surrender time during business hours
- Arrive at the jail with photo ID and attorney paperwork
- Complete the booking and fingerprint process
- See the judge within 24 hours for a bond hearing
- Post bond or stay in custody until the court date
Pay the Bond or Set a Court Date
Some misdemeanor warrants can be cleared by paying a bond at the clerk’s office in DeLand. The bond acts as a promise to show up at the next hearing. The clerk sets the court date and marks the warrant as recalled in the system. After recall, the FCIC and NCIC entries get updated within 24 to 48 hours.
Volusia County Court and Sheriff Contact List
All warrant business in Volusia County runs through the DeLand courthouse and the sheriff’s office. Below are the addresses, phone numbers, and hours for the main offices.
| Office | Address | Phone | Hours |
|---|---|---|---|
| Volusia County Clerk of Court | 123 W Indiana Ave, DeLand, FL 32720 | (386) 736-5915 | 8 a.m. to 4:30 p.m. |
| Volusia County Sheriff Office | 123 W Indiana Ave, DeLand, FL 32720 | (386) 248-1777 | 24 hours |
| FDLE Headquarters Tallahassee | 2331 Phillips Rd, Tallahassee, FL 32308 | (850) 410-7000 | 8 a.m. to 5 p.m. |
| FDLE Orlando Regional Office | 500 W Livingston St, Orlando, FL 32801 | (407) 245-0700 | 8 a.m. to 5 p.m. |
Cities and Counties Near Volusia
Volusia County covers a wide area in Central Florida. Bench warrants issued in any city in the county go through the DeLand courthouse. Nearby counties also share warrant data through the CCIS system that links all 67 Florida clerk offices.
Major Cities in Volusia County
Daytona Beach and Deltona are the largest cities in Volusia County. Other cities and towns include DeLand, Ormond Beach, Port Orange, New Smyrna Beach, Edgewater, Holly Hill, DeBary, Lake Helen, Pierson, Ponce Inlet, and Oak Hill. Each city sends warrant cases through the same 7th Circuit Court at the main courthouse in DeLand.
Counties Bordering Volusia
Brevard, Flagler, Lake, Orange, Putnam, and Seminole counties surround Volusia County. A warrant from Volusia can lead to arrest in any of these counties because of the shared CCIS database. Check the right county before taking any legal step. Each border county has its own clerk and sheriff that run their own warrant searches.
Answers to Common Questions
The following answers cover the most common questions about bench warrants in Volusia County. Each answer uses current Florida law, the Florida Statutes, and the Florida Rules of Criminal Procedure. The answers also reflect the rules of the 7th Judicial Circuit Court for cases heard in DeLand.
Can a Volusia warrant be searched online for free
Yes. The Volusia County Clerk runs a free search at volusiaclerk.org. The FDLE also runs a free statewide search at fdle.state.fl.us. Both sites pull directly from government records. Avoid paid sites that claim to give “criminal background reports” for a fee. The official tools are free, accurate, and updated within 24 hours. For warrant records going back more than 10 years, visit the clerk’s office in person with a photo ID.
How long does a Volusia warrant stay active
Florida bench warrants do not expire under state law. A warrant signed in 2010 can still lead to arrest in 2026 and beyond. The only ways to clear a warrant are arrest by police, recall by the judge, a granted motion to quash, or proof the named person is deceased. The warrant stays in the FCIC and NCIC databases the whole time. Some people learn about a warrant years later during a routine traffic stop or job background check.
What happens when a court date is missed
Missing a court date triggers a new charge called Failure to Appear under Florida Statute 843.15. On a misdemeanor, the new charge is a first-degree misdemeanor with up to one year in jail. On a felony, it is a third-degree felony with up to five years in prison. A bench warrant gets signed right away and enters the police databases. The person can be arrested at any contact with law enforcement in any state.
Do you need a lawyer to clear a Volusia warrant
A lawyer is not required by Florida law, but helps in most cases. A lawyer can file a motion to recall or quash the warrant without the person appearing in court for many misdemeanor cases. For serious charges or felony warrants, a lawyer is the safer path. Many Volusia County attorneys offer free first consultations over the phone. A public defender can also help if the person meets the income rules.
Can a Volusia warrant cross state lines
Yes. Volusia County warrants enter the NCIC database used by police across the United States. A traffic stop in Georgia, a job background check in Texas, or an airport check in New York can trigger the warrant. The person can be held for extradition back to Florida. Serious felony cases often lead to a Governor’s Warrant for out-of-state pickup. Returning to Florida on a warrant can lead to arrest at the airport or a roadside check.
What is the difference between a bench warrant and a capias in Florida
A bench warrant is signed when a person misses court or breaks a court order. A capias is signed after a court order to bring a person in for sentencing, judgment, or adjudication. Florida Rule of Criminal Procedure 3.730 covers the direct capias used after conviction or sentencing. Both let a sheriff arrest the person, but the legal reason for the order differs. Each type needs its own recall motion to clear from the system.
Is a bench warrant the same as an arrest warrant in Florida
No. An arrest warrant needs probable cause from a sworn police investigation reviewed by a judge. A bench warrant comes from a judge based on a missed court date or broken court order. The two work in different legal paths and trigger different court records. Both lead to arrest and possible jail time, but each one is reported on a background check under a different case category.