Define: Capias

Full Definition Of Capias

A capias is a legal document issued by a court that authorizes law enforcement to arrest and detain an individual. It is typically issued when a person fails to appear in court as required or when they have violated the terms of their probation or parole. The capias serves as a warrant for the person’s arrest and allows law enforcement to take them into custody.

Capias FAQ'S

A capias is a legal term that refers to a writ or order issued by a court to arrest and detain an individual.

A capias is typically issued when a person fails to comply with a court order, such as failing to appear in court or failing to pay fines or penalties.

While both a capias and an arrest warrant authorize the arrest of an individual, a capias is usually issued for a specific purpose, such as to bring a person before the court, whereas an arrest warrant is generally issued when a person is suspected of committing a crime.

Yes, a capias can be issued in civil cases, such as when a person fails to comply with a court order related to child support or alimony payments.

No, a capias cannot be issued solely for non-payment of debts. However, if a court order is in place and the individual fails to comply with it, a capias may be issued.

executed by any law enforcement officer?

Yes, a capias can be executed by any law enforcement officer who has the authority to make arrests.

After being arrested on a capias, the individual will typically be brought before the court that issued the capias. The court will then determine the appropriate course of action, which may include setting bail or imposing additional penalties.

Yes, a capias can be issued for both minor and major offences, depending on the circumstances and the court’s discretion.

Yes, a capias can be issued across state lines. However, the execution of the capias may require coordination between law enforcement agencies in different jurisdictions.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 23rd April 2024.

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