What Is Capias Warrant? Can It Send You To Jail?
Published Nov 7, 2021
The majority of individuals are familiar with and comprehend the word “arrest warrant.” The legal system has established a variety of various forms of warrants for use in a variety of scenarios. The capias warrant is one of the most common sorts of warrants. The term “capias” originates in Latin and translates as “for the taking of.” A capias warrant may be utilized in a variety of circumstances by criminals or other types of courts.
What Is A Capias Warrant?
A capias warrant is issued when someone has to be held to appear in court on time. It is critical to remember that a capias warrant is only issued in the event of an arrest. In addition, this form of warrant does not authorize the seizure of property or the search of a property for the purpose of legally gathering evidence for a case.
A capias writ is most frequently used as an arrest order for defendants in criminal cases who fail to appear for scheduled court appearances. A court must have sufficient evidence against the defendant and be convinced that the warrant is appropriately applied before issuing a capias warrant.
Breach Of A Bond
If a defendant is released on bail, he or she is expected to appear in court on a specified day. If the defendant fails to appear, the court will revoke the defendant’s release and issue a capias warrant for his arrest.
Capias Pro Fine
When a party loses a court case, they are required to pay restitution to the other party by a specified date. If the restitution is not paid, a capias pro fine warrant is issued for someone who was expected to pay it. However, a capias pro fine is not always followed by an arrest writ. Generally, the court will order the defendant to return to court to explain why the payment was not paid.
Capias warrants may also be used to apprehend an individual who has skipped a court appearance for a traffic violation. Capias warrants may also be used in family and civil courts in various roles to apprehend individuals who failed to appear for a scheduled court appearance.
If you fail to appear for a court date, a capias warrant in your name will be issued. This is a writ of arrest requiring police enforcement to return you to court and have you appear before the judge. The capias warrant may also be used in different sorts of courts for various circumstances, but the end consequence of any capias warrant is to remand the offender to court to account for missing a scheduled court date.
What Should You Do About A Capias Warrant Against You?
The first thing you should do is contact a lawyer. Do not, under any circumstance, go to the court yourself. While you think this may be a proactive solution to your problem, it could further complicate things.
Most lawyers should be familiar with the process of quashing these types of warrants. But when selecting a lawyer for this case, it’s best to choose someone with plenty of experience in the matter. Another tip is to choose an attorney familiar with the issuing courthouse. As soon as you do that, you can file a motion to quash.
How quickly and smoothly you can quash your warrant depends on several things. These include the charge of your original case, your reason for missing the hearing, and the length of time the warrant’s been active.
Depending on the charges in your original case, the court can automatically quash the warrant, make you post a bond, or make a personal appearance in court.
It’s not unheard of for summons to be sent to the wrong address or get lost in the mail. Usually, the court will automatically quash the warrant in those cases. Sometimes, they may also quash it immediately if you have a perfectly valid reason. Whatever the case may be, you should have an attorney present with you when appealing for the warrant.
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About The Author
Krizzia Paolyn is an SEO Specialist with a bachelor’s degree in Psychology. It has always been her passion to share her voice, and at the same time, to encourage other people to speak up.