What Does “Capias” Mean in Criminal Law?

There are multiple ways that a court can issue an order for someone’s arrest. One common method occurs when there is probable cause to believe a person has committed a crime but they have not yet been charged yet. This is a situation where a court will issue an arrest warrant.

Another form of arrest warrant in Florida criminal law is called a capias warrant. A capias warrant may be issued by a court for a wide variety of reasons after someone has already been formally charged with a criminal offense.

If you have been named as the subject of a capias warrant, you need to protect your legal rights. An experienced criminal defense attorney can review the details of your warrant, represent you in court, and work tirelessly to mitigate the consequences attached to this arrest order.

Understanding Capias Warrants and Why They Are Issued

A capias warrant empowers law enforcement to arrest an individual charged with a crime and take them into custody so they can appear before a judge. This means that once a capias warrant is issued, the police could show up at the person’s home, place of employment, or anywhere they happen to be at any time and conduct an arrest on the spot.

There are multiple reasons that a judge might sign off on a capias warrant. A capias warrant is frequently issued after a person charged with a criminal offense fails to appear in court. There are numerous periods throughout a criminal case when someone is required to go before a judge, such as a bail hearing.

Besides the failure to appear in court, other common reasons a judge will issue a capias warrant include probation violations, when a defendant violates a condition of their bond or pretrial release, or when a grand jury returns an indictment against a defendant. Failure to pay a court-ordered fine or even failure to pay child support could also result in a court issuing a capias warrant against someone.

On top of any pending criminal case, the subject of a capias warrant can also face additional criminal charges related to the capias warrant. It may sometimes carry a bond amount that must be satisfied in addition to any bond previously posted for the underlying criminal case. The bond attached to a capias warrant can also be twice the amount of the original bond posted.

Defending Yourself Against a Capias Warrant

When someone has a capias warrant issued against them, legal representation is paramount. An attorney can evaluate any basis to resolve the warrant while assisting with procedures like surrendering to the police. A lawyer can also advocate on the defendant’s behalf at the court appearance and construct the most effective strategy based on the facts of the case.

One possible defense is that the accused did not receive the original court notice that resulted in a capias warrant being issued for failure to appear. Mistakes with court paperwork or a previous filed waiver of appearance could also be used to get a capias warrant recalled.

We could also help not only with the capias warrant but with the original criminal case. You should not answer questions without an attorney present. We could investigate the evidence that the prosecuting attorney’s office has, help you understand the charges and potential penalties you are facing, and work to achieve the best possible outcome.

Contact a Criminal Attorney When You Are Named in a Capias Warrant

The Umansky Law Firm can evaluate the underlying grounds for the capias warrant issued for you, and in some cases, it may be possible to get the warrant recalled or revoked. Time is of the essence. Once a capias warrant is issued, law enforcement can arrest you immediately.

We advocate for your interests and ensure your Constitutional rights are safeguarded at every step of the process. Contact our office today to receive your free, confidential legal consultation with an attorney and get more information about fighting a capias warrant.