A capias warrant, which is Latin for “that you take”, which means it is a type of arrest warrant. Signed by a judge, a capias warrant directs law enforcement to arrest and take the person listed on the warrant into custody. It is a serious matter when one is issued as it can lead to incarceration. To run a capias warrant search, as they are public record, you can view these online through a public record website. One of the benefits of using a service like this is you can lookup capias warrants anonymously and from the convenience of your home or on the go.
A capias warrant is very similar to a bench warrant, however, the person named in the warrant will be arrested. This type of warrant is generally issued by a judge when a person fails to comply with a court order or conditions, fails to pay their court fees, or break their probation or parole. The person listed on a capias warrant will then be arrested, jailed and brought to court for not complying with the conditions of the court orders. This is not a typical arrest warrant where there are criminal allegations being brought up against someone, a capias warrant is issued for someone that does not follow the rules and guidelines required by the courts. It’s more serious than a typical bench warrant.
Capias warrants are similar to arrest warrants and bench warrants, although the circumstances of their issuance vary somewhat. An arrest warrant is typically issued when there is probable cause to believe that a person committed a crime. It grants law enforcement the right to apprehend and detain that person until a court hearing can be scheduled.
A bench warrant, on the other hand, is issued directly by a judge, which is the ‘bench’. These are usually issued for failure to make a court date, missed jury duty or failure to comply with orders from the court and judge. The difference between bench warrant and capias warrants is the nature of failure of meeting the court requirements. Bench warrants often result from missed court appearances, while capias warrants come from more serious non-compliance with court orders.
Even through there are differences between these warrant types, all three warrant types can lead to a person being arrested and detained. All warrant records are part of a person’s criminal record, they can have some serious consequences if not dealt with in a timely fashion, and lead to additional penalties and fines.
So, what should you do if you’ve been issued one? These are very serious, and you not ignore it. First, do some homework and run a Capias warrant search on yourself through a public record website and then seek legal counsel. Below are some tips that might be helpful if you get a Capias arrest warrant.
It is possible in some cases to bond out on a capias warrant, especially for less serious offenses or non-violent crimes. A bond may be set up in this case when the warrant is issued. This means you can potentially bond out after your arrest. However, in other circumstances, regarding more serious offenses or repeat failures to comply with court orders, a judge can decide that no bond will be allowed until a court hearing. It is also important to mention that even if a bond is initially accepted and set, a judge can also cancel the bond, they have the discretion to change or cancel it based on the circumstances of the court case. This usually only happens with very serious charges or a parole or probation violation.
There are certain circumstances where a capias warrant can be lifted. It involves certain steps and conditions that need to be fulfilled. A capias warrant is not automatically withdrawn, and it requires action on the part of the individual named in the warrant and a judge must then review the actions and lift the warrant. Below are some steps that can be helpful when attempting to lift a capias warrant:
Capias warrants are serious legal matters. Ignoring them is never a good idea and can lead to arrest and additional legal complications. If you find yourself with on it is best to act quickly and get legal counsel to help you through all the legal red-tape. If you suspect you have any type of warrant or unpaid court fines or fees that could result in one, then running a quick background check on yourself is a good way to find out. You can do this through a public record website anonymously and confidentially.
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Last Updated: 2023-08-02