Q:

What is a capias warrant?

A:

Quick Answer

A capias warrant is a document that authorizes authorities to arrest someone, often for failure to show up in court. The capias document has to include an affidavit that asserts the crimes of the defendant targeted by the warrant.

 Know More

Full Answer

The term is Latin for “that you take.” It specifies that a specific party be taken into custody for a specific reason that’s stated on the warrant. The warrant generally needs to have four pieces of information on it. First it has to have the name of the accused on it, or if their name isn’t known it must have a description of the individual. Second, it has to show that there is good reason to believe the accused has committed an offense. The third piece of information it must have is a time and date that the person making the affidavit believes is when the accused committed the crime. Lastly, a capias warrant has to have the signature of the person making the affidavit.

Different types of capias warrants might be issued in different circumstances. For example a “capias ad audiendum judicium” writ states that a defendant be brought back before the court. Other types of warrants might say that the defendant is to be put into custody until they pay off a debt.

Learn more about Law

Related Questions

  • Q:

    What is a pending warrant?

    A:

    A pending warrant is an impending document issued by a magistrate authorizing police officers to make an arrest, conduct a search or seize property. Felony warrants are executed anywhere and at any time of the day or the night. Time restrictions are placed on when misdemeanor warrants can be executed.

    Full Answer >
    Filed Under:
  • Q:

    What is an alias capias?

    A:

    According to US Legal, an alias capias is a warrant issued by a court of law for the immediate arrest of an individual based on felony charges. This type of warrant is generally issued when the person in question fails to show up for a mandated court appearance. Alias capias applies to felony cases, while bench warrants applies to misdemeanor charges.

    Full Answer >
    Filed Under:
  • Q:

    What was the outcome of Miranda vs Arizona?

    A:

    About.com explains that the primary outcome of Miranda vs. Arizona (1966) was the creation of "Miranda rights," which must be explained to an individual suspected of a crime before questioning by the authorities. These rights include the right to remain silent and the right to an attorney's presence, among others.

    Full Answer >
    Filed Under:
  • Q:

    What is a probation warrant?

    A:

    A probation warrant is a warrant for arrest when an individual under probation violates the rules of his probation, according to the Nashville Criminal Lawyer Blog. A probation violation can be as simple as missing a meeting or failing a drug test.

    Full Answer >
    Filed Under:

Explore