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Unresolved Legal Matters: What You Need to Know About Capias Warrants

What Is A Capias Warrant?

In Texas, a capias warrant is a type of arrest warrant issued by a judge or a magistrate that directs law enforcement officers to arrest a person who has failed to comply with a court order. The capias warrant is issued when the offender, also known as the Defendant fails to appear in court, fails to pay a fine or court fees, or fails to comply with other court orders such as completing community service or attending counseling sessions. A capias warrant is different from a regular arrest warrant in that it is issued for a specific purpose related to the court's jurisdiction. The capias warrant is issued when a person has already been charged with a crime or has already been found guilty of a crime but has failed to comply with the court's orders. The capias warrant is typically issued when the Defendant has been given notice of the court's order and has had an opportunity to comply, but has failed to do so. Once a capias warrant has been issued, law enforcement officers are authorized to arrest the person being charged and bring the person before the court to face the charges or to comply with the court's orders. The person, now known as the Defendant, may be held in custody until they appear before the court or until they have complied with the court's orders. In some cases, the Defendant may be released on bail or on their own recognizance, which means that they promise to appear in court and to comply with the court's orders. It is important to note that a capias warrant does not expire, and the person being charged with a criminal act remains subject to arrest until they comply with the court's orders or until the warrant is recalled or quashed by the court. Additionally, a capias warrant may be entered into State and National Databases, which can make it difficult for the person being charged with a criminal act to obtain employment or travel outside of the country. In the State of Texas, there are several types of capias warrants, such as alias warrants, bench warrants, and pro-fine capias warrants.

What Is An Alias Capias Warrant?

An Alias Capias Warrant is a type of arrest warrant that is issued by a court when a defendant fails to appear for a scheduled court appearance, such as a hearing, trial, or arraignment. The term "Alias" means "otherwise called" or "also known as," and in this context, it means that the warrant is issued under an assumed name, as the defendant is no longer using their legal name after failing to appear. In simple terms, an alias capias warrant is issued when a defendant has been notified of a court appearance and has failed to show up, and the court wants to compel them to appear in court. The warrant authorizes law enforcement officers to arrest the defendant and bring them before the court to answer to the charges against them.

In the State of Texas, an alias capias warrant is typically issued in criminal cases where the defendant has been released on bail or on their own recognizance pending trial. If the defendant fails to appear in court, the court will issue an alias capias warrant, which will be entered into the state and national databases. The warrant will remain active until the defendant is arrested and brought before the court. It's important to note that an alias capias warrant is different from a regular arrest warrant in that it is issued for a specific purpose related to the court's jurisdiction, such as making the defendant appear in court. An arrest warrant, on the other hand, is issued when law enforcement has probable cause to believe that a person has committed a crime and has been authorized for their arrest. If you have an alias capias warrant issued against you in Texas, it is essential to take immediate action to resolve the situation. You should contact a criminal defense attorney who can guide you through the legal process, advise you of your rights, and help you resolve the underlying legal issue that led to the warrant's issuance. Failure to resolve an alias capias warrant can result in serious consequences, including fines, incarceration, and restrictions on your ability to travel and obtain employment.

What Is A Bench Capias Warrant?

A Bench Capias Warrant is a type of arrest warrant that is issued by a court when a defendant fails to comply with a court order. This type of warrant is different from an arrest warrant, which is issued when there is probable cause to believe that a person has committed a crime. A bench capias warrant is issued for civil or criminal contempt of court and authorizes law enforcement officers to arrest the person and bring them before the court. In Texas, a bench capias warrant is typically issued when a defendant has been ordered by the court to do something, like pay a fine, attend a counseling session or however many counseling sessions are needed, or complete community service, and has failed to comply with the order. The warrant is issued to compel the person to comply with the court's order and to show cause why they should not be held in contempt of the court for failing to comply. It's important to note that a bench capias warrant is issued by the judge in the case, and it is not necessary for law enforcement officers to witness the defendant's failure to comply with the court's order. The warrant remains in effect until the person is brought before the court to answer to the charges of contempt.

If you have a bench capias warrant issued against you in Texas, it is important to take immediate action to resolve the situation. You should contact an attorney who can guide you through the legal process, advise you of your rights, and help you resolve the underlying legal issue that led to the warrant's issuance. Failure to resolve a bench capias warrant can result in serious consequences, including fines, incarceration, and restrictions on your ability to travel and obtain employment.

In summary, a bench capias warrant is a type of arrest warrant that is issued when a person fails to comply with a court order. The warrant is issued to compel the person to comply with the order and to show cause why they should not be held in contempt of court. It is important to take immediate action to resolve a bench capias warrant to avoid serious consequences.

What Is A Capias Pro-Fine Warrant?

A capias pro-fine warrant is a type of arrest warrant that is issued by a court when a defendant fails to pay fines or fees associated with a criminal conviction. The term "pro-fine" means "for the fine," and the warrant is issued to compel the defendant to pay the outstanding fine or fees. In Texas, a capias pro-fine warrant is typically issued when a defendant has been convicted of a crime and has been ordered by the court to pay fines or fees as part of their sentence. If the defendant fails to pay the fine or fees, the court may issue a capias pro-fine warrant, which authorizes law enforcement officers to arrest the defendant and bring them before the court to address the outstanding fines or fees. It's important to note that a capias pro-fine warrant is not issued for failure to appear in court or failure to comply with a court order. Instead, it is issued specifically for failure to pay fines or fees associated with a criminal conviction. If you have a capias pro-fine warrant issued against you in Texas, it is vital to take immediate action to resolve the situation. You should contact an attorney who can guide you through the legal process, advise you of your rights, and help you resolve the outstanding fines or fees. Failure to resolve a capias pro-fine warrant can result in serious consequences, including fines, incarceration, and restrictions on your ability to travel and obtain employment. In summary, a capias pro-fine warrant is a type of arrest warrant that is issued when a defendant fails to pay fines or fees associated with a criminal conviction. The warrant is issued to compel the defendant to pay the outstanding fines or fees, and failure to resolve the warrant can result in serious consequences. If you have been issued any type of warrant in the State of Texas for a criminal act you have committed or not, it is essential to seek legal counsel as soon as possible.

Need Help? Call Us Now!

Do not forget that when you or anyone you know is facing a criminal charge, you have us, the Law Office of Bryan Fagan, by your side. We will help you build the best defense case for you and we will work and be in your best interest for you and we will obtain the best possible outcome that can benefit you. Our experienced attorneys can explain everything you need to know about your trial and how to defend yourself with your case best, and we will help and guide you step by step through the criminal process of your case. Therefore, do not hesitate to call the Law Office of Bryan Fagan if you find yourself or someone you know that is facing criminal charges and is unsure about the court system. Remember, that we will work with you to give you the best type of defense that can help you solve your criminal case, and remember that it is vital to have an experienced attorney explain the result of the charge to you and guide you in the best possible way. Here at the Law Office of Bryan Fagan, we have professional and knowledgeable criminal law attorneys who are experienced in building a defense case for you that suits your needs for the best possible outcome that can benefit you. Also, here at the Law Office of Bryan Fagan, you are given a free consultation at your convenience. You may choose to have your appointment with one of our experienced criminal law attorneys via Zoom, via google meet, email, or come into our office and have an in-person appointment. Our experienced criminal law attorney will answer all your questions and concerns you might have about the charges being charged against you and will provide you with as much advice and information as possible so you can have the best possible result in your case that will benefit you.

Call us now at (281) 810-9760.

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