Whenever the court deems it necessary to do so in order to procure the presence of the defendant before it for the adjudication of guilt or the pronouncement of sentence, or both, when the defendant is not in custody, it shall direct the clerk to issue immediately or when directed by the prosecuting attorney a capias for the arrest of the defendant. Subsequent capiases may be issued from time to time by direction of the court or the prosecuting attorney.
RULE 3.730. ISSUANCE OF CAPIAS WHEN NECESSARY TO BRING DEFENDANT BEFORE COURT
- This rule applies when a defendant who is not in custody needs to be brought to court for adjudication or sentencing.
- The court, on its own or at the prosecutor's request, can direct the clerk to issue a capias (an arrest warrant).
- If the defendant is not located, subsequent capiases can be issued from time to time until the defendant is brought before the court.
1968 Adoption (of Rule 3.710). A revamped version of section 921.06, Florida Statutes, adding provision that defendant be required to be present at the adjudication of guilt.
1972 Amendment. Same as prior rule 3.710.