The authorities cannot do whatever they want without consequences. They can’t do many things because it’s not within their purview. In such cases, the police must seek a warrant from a magistrate or competent authority. Warrants for searching, apprehending, seizing, or committing a suspect are all quite common. In such a case, you need to know what is capias charge? And what does capias issued mean?
A capias warrant is granted when a defendant in a criminal trial fails to show up for court as required. If an accused in a criminal proceeding does not show up to court, a capias arrest warrant may be filed for arrest. A magistrate or a court should ensure they have conclusive proof before issuing a capias warrant, as this is a compelling order.
The stakes are high if a capias warrant is issued against you. However, you may be capable of engaging in preemptive activities that can prevent the factors increase of skipping your planned court appearance.
The issuing of capias is outlined in rule 3.730 for circumstances requiring summoning an offender before the judge. Under this regulation, a capias warrant is defined as a court order that specifically requests the arrest of a specific person.
When a suspect must be apprehended appropriately and presented to a judge, the criminal justice system will apply for a capias warrant. Capias warrants are indeed filed when a judge believes it essential to issue one.
Also Check: What Is a Blue Warrant?
What To Do If a Capias Warrant Is Issued Against You?
If a capias warrant is issued, it is imperative that you not dodge the authorities. Here are some helpful hints for responding to a capias warrant:
- Never get into an argument with a law enforcement officer.
- Try not to elude the authorities.
- Don’t bother your loved ones with the details of this scenario.
- Report yourself before you’re confronted.
- Obtain reliable legal counsel.
Your precarious situation may only worsen if you attempt to evade authorities or dismiss the warrant. The more laws you break, the more time you could spend in jail or paying penalties.
To deal with a capias warrant and lessen the severity of the charges against you, consult with a skilled defense counsel.
What To Do If Court Date Is Passed & Capias Is Issued?
You can mitigate the consequences if you cannot attend a court hearing. The two most crucial things to do are:
Hire a lawyer
Do not delay in getting a seasoned criminal lawyer. An attorney can help you challenge the criminal accusations and capias warrant. They will also be employing additional tactics that may ultimately succeed in having the capias warrant charges dropped.
Turn yourself in
Now that you know the capias warrant is legal consider surrendering willingly. Thus, you’ll demonstrate that you’re not a potential runaway. In doing so, you’ll also show that you respect the law and are ready to take charge of your life.
Risking the safety of yourself and the people you’re living with by evading arrest is a bad idea. There’s a potential that could lead to more legal complications for you. However, if you show up voluntarily, you’ll have your first court date within a day.
Advice from an attorney
If you missed your court hearing, you should show up the following day if possible. You might try to get the bench warrant withdrawn by explaining the situation in court. If your criminal case is being heard in a particular court, your attorney can tell you whether or not this technique has a chance of success there.
See Also: What Is a FTA Warrant?
Whether or not Capias warrants come with bonds?
The capias warrant may include a bond amount at the judge’s discretion. This bail amount exceeds the standard bond for this type of felony or serious offense. The standard guarantee on a capias warrant is $2,000. However, the court can issue a no-bond capias order if they deem it necessary.
To whom should a defendant respond to a capias warrant, and what should they do?
First, if a capias warrant has been issued, make sure it is for you. Next, consult a seasoned criminal defense attorney. You can avoid being arrested by law enforcement if you hire a lawyer with knowledge in this area to have the warrant recalled. You can get the warrant canceled, or the charges dropped without ever setting foot in a courtroom, depending on the specifics of your case.
What are the possible consequences of not appearing?
If you have been charged with misdemeanor, such as careless driving, driving under the influence, leaving the scene of accident without providing any information. You might spend up to a year in jail and pay a $2,500 fine if convicted of this offense, in addition to whatever penalties apply for underlying offense for which you were arrested. One to five years in prison and a $2,500 fine are possible outcomes of this case.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.