What is a Capias Warrant?
How serious is it when a capias warrant is issued?
How does it work?
In this article, I will break down the legal definition of Capias Warrant so you know all there is to know about it!
Keep reading as we have gathered exactly the information that you need!
Let me explain to you what capias warrant is and why it’s important!
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Table of Contents
What Is A Capias Warrant
In law, a capias warrant is a court order where the court instructs law enforcement to arrest, detain and bring a specific person before the court.
In other words, a capias warrant is a writ of arrest ensuring that a designated individual appears before the court.
In Latin, capias means “for the taking of”.
In essence, a capias warrant is a warrant issued for the taking of a person.
The courts have important powers in ensuring that a person gets arrested and brought before a judge.
However, judges and magistrates who issue capias warrants exercise great care in ensuring that there’s enough evidence justifying the issuance of such a compelling writ.
When Are Capias Warrants Issued
In criminal law, you’ll often see capias warrants issued when a criminal defendant fails to appear before the court as scheduled.
Generally, in the context of criminal proceedings, the accused can remain free under the condition that he or she attends all court hearings.
When a person fails to appear to the court on a required date, the court can issue a capias warrant to order the accused’s arrest guaranteeing thereby his or her court appearance.
Types of Capias Warrants
A capias warrant can be issued in different kinds of legal proceedings.
Although capias warrants are quite common in criminal law and criminal proceedings, you also have capias warrants in other types of cases.
Capias warrants may be issued in certain jurisdictions to ensure that a person appears before the court in the context of traffic cases when they fail to pay a fine imposed by the court.
There are other jurisdictions that may use the capias warrant mechanism to ensure that a person is brought before the court in the context of a family matter or a civil lawsuit.
Who Carries out Capias Warrants
When a capias warrant is issued by the court, the judge instructs law enforcement to arrest, detain, and bring a specific person before the court.
As such, here are the law enforcement agencies that may carry out the instructions of a capias order:
- Constable departments
- Federal law enforcement
- State law enforcement
- Municipal law enforcement
How Serious Is A Capias Warrant
A capias warrant is a serious measure taken by the court when a person fails to make his or court appearances.
A person failing to appear before the court can be exposed to different types of legal consequences depending on the jurisdiction.
For example, in Texas, a capias warrant can lead to a misdemeanor or felony offense and can also result in significant fines.
To determine the nature of the offense, the capias warrant for failure to show up to court will mirror the accused’s initial offense.
If a person was charged with a misdemeanor, the capias warrant for failure to show up will be charged as a misdemeanor.
On the other hand, if the accused was charged with a felony and a capias warrant for failure to appear in court is issued, that will also be considered a felony.
It’s important that you consult with a criminal lawyer or defense attorney to consider your options when failing to appear in court or a capias warrant is issued against you.
Can A Capias Warrant Be Lifted
There are instances where it may be possible to have the capias warrant lifted with minimum consequences.
Although you should consult a criminal attorney for advice, here are some actions you can take to potentially have the capias warrant lifted:
- If you realized you had a hearing date and forgot, you should try to attend the same day and explain what happened to the judge
- If you were dealing with an emergency that prevented you from going, like an accident or some health issue, you can explain what happened
Keep in mind that the accused has the responsibility of being present in court for a court hearing.
If due to an emergency or medical reason the accused cannot be present, it’s important to take the necessary steps before the hearing date to ensure a capias warrant is not issued.
If a capias warrant has been issued, it’s best to speak with a qualified attorney to know what to do so you don’t make things worse for your case.
Capias Warrant Legal Definition
What is the legal definition of capias warrant?
To answer that question, let’s first define the meaning of a warrant.
A “warrant” is a writ issued by a competent officer, such as a judge or magistrate, authorizing law enforcement to perform an act that would otherwise be considered illegal or violate individual rights.
For example, an arrest warrant is a warrant authorizing the arrest of a person when that person is suspected of having committed a crime.
Capias Warrant Meaning
A capias warrant is a type of warrant issued by the court when a person who was scheduled to appear before a judge or the court fails to do so.
Consequently, the judge will issue a capias warrant to guarantee the appearance of the person before the court.
The legal definition of capias warrant can be summed up as follows:
A capias warrant is an order from the court authorizing the police to arrest and detain a person who has failed to show up for a court appearance
Capias Warrant Meaning Takeaways
So there you have it folks!
What does a capias warrant mean?
A capias warrant is an order of the court where a judge or magistrate demands the arrest of a person who failed to appear before the court thereby ensuring the person’s court appearance.
Typically, a criminal defendant can remain free during the course of his or her criminal proceedings by providing a signature bond or monetary bond conditional on the person attending all court hearings.
If the person fails to attend a court hearing or appear before the court as required during the criminal proceedings, the criminal court can issue a capias warrant demanding the arrest of the person so he or she can appear before the court.
Now that you know what is a capias warrant, how it works, and why it’s important, good luck with your research and investigation.
Remember, this article is to give you general information so you can learn more on the topic.
If you are dealing with a capias warrant or need legal advice on the topic, be sure to contact an experienced attorney.
Now, let’s look at a summary of our findings.
Understanding Capias Warrant
If you enjoyed this article on what Capias Warrant means, I recommend you look into the following legal terms and concepts. Enjoy!
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