ANSWERS: 1
  • A capias warrant is an arrest warrant issued when a guilty party fails to fulfill the court-imposed judgment. In most cases, this means the guilty party hasn't paid a fine within a required time period.

    Use

    A judge or magistrate may issue a capias warrant.

    Fact

    The word capias is Latin for "you may take." Fittingly, a capias warrant allows the authorities to take the guilty party into custody.

    Resolution

    A capias warrant is resolved when the guilty party either pays the required fine in full or surrenders to the authorities, at which time he or she will be placed in jail until the total fine due is satisfied.

    Considerations

    If a capias warrant is forwarded to a collection agency, the guilty party may also be responsible for a 30 percent collection fee in addition to the original fine.

    Misconceptions

    A capias warrant is not the same as an alias warrant or bench warrant. An alias warrant is issued when the subject fails to make an initial appearance after citation. A bench warrant is issued when the subject fails to appear at an agreed-upon court date.

    Source:

    Legal Terms

    Garland Texas Municipal Court

    San Antonio Municipal Court

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