Within the United States, the term Capias Warrant is an order to detain and arrest a person for the guaranteed of a court appearance. A capias warrant is considered a writ of arrest. The most common times this warrant is issued is when someone fails to appear in court because of a criminal case
Capias warrants may be issued when someone fails to :
- Pay a civil judgment
- Pay court-ordered fines for a traffic citation or civil infractions
- Failure to appear in court after being subpoenaed
- Violates parole
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Because this is a compelling writ the magistrate or judge on the case must ensure that they have sufficient evidence to issue these types of warrants on someone. In theory, if a person does not show for a criminal court appearance then a capias warrant can with the proper and sufficient evidence issue for there arrest.
Capias warrants are not just limited to criminal cases alone. Traffic cases can also have these types of warrants issued if the person fails to appear in court. Same will hold for civil or family divisions courts. If someone fails to pay a fine apposed down by a judge in either a traffic or civil case one of these warrants could be issued for that person.
Civil Capias Warrant
A civil capias warrant is a specialized type of apprehension order that would be issued in civil court cases when the subject fails on a repeated basis to comply with judge orders. There are other names this type of warrant is called and it can also go by the name of Mittimuses, or Body Attachments. Do keep in mind that civil capias warrants are not the same as criminal arrest warrants. The reason
How long do Capias Warrants last?
Warrant for failing to appear in court do not expire on there own. The best method is to deal with the warrant and not let it linger thinking it will expire after a certain amount of time.
If you have the means to hire an attorney that knows how to navigate warrants and criminal cases this would be your best bet. An experienced attorney could get you to appear in court without have to spend time in jail. A simple traffic stop is what gets most people arrested that have warrants for failing to appear in court.
Even if your not in the state the warrant was issued law enforcement have tools like the National Crime Information Center database that can show warrants from other states.
Finding warrants online
If you believe you have a warrant on yourself there are few methods to verify this information. If you know the county where the warrant was issued then you could have a family member or friend call on your behalf the sheriff station for that county.
It would be wise for someone else to call in the event you do have an open warrant on yourself. The Sheriff Station would be able to tell you if an open warrant is out for you or someone you are calling on.
Use a search service to help find public record data on you or someone you know when looking for warrants. A search service only needs a full name and a state to run a public record search. This can be done completely online and the person your running a search on will never know you ran there name in the database.
Do not leave a capias warrant unchecked
Like we said before do not leave an open warrant unchecked. The issues are numerous but you will not be able to renew a license, get a passport, get pulled over for a basic traffic stop without going to jail. Hire an attorney if possible to help navigate the court systems. Leaving a warrant like a Capias warrant or any other type of warrant open is not a good idea.
