For example, if someone has accumulated unpaid parking tickets, and the court orders him to appear by way of a capias warrant, the court will demand an explanation as to why those tickets have not been paid. Criminal defense Criminal arrest. 23.03. September 1, 2007. View Court Documents. A capias pro fine occurs when a defendant has failed to comply with a court order related to a judgment. A capias is a warrant or order for arrest of a person, typically issued by the judge or magistrate in a case. 5, eff. Read More Read Less. against For these reasons, the judgment of the Court of Criminal Appeals is hereby reversed and remanded., Capias Warrant Example Involving Unpaid Misdemeanor Fines. There is no time limit on a capias warrant. (d) The sheriff of each county shall enter a capias issued under this article into a local warrant system not later than the 10th business day after the date of issuance of the capias by the clerk of court. If it has been executed, the return shall state what disposition has been made of the defendant. Child support is paid in case of a divorced couple having children. There are instances where it may be possible to have the capias warrant lifted with minimum consequences. If you do not wish to challenge your traffic citationand there is no mandatory court appearanceyou must pay the bail for non-correctable violations, and provide proof of correction and pay the fees for any correctable violations by the due date on the citation. What happens when a capias is issued? - Pvillage.org Procedures for Issuance of a Capias Warrant, Capias Warrant in an Unemployment Fraud Case. TimesMojo is a social question-and-answer website where you can get all the answers to your questions. Your attorney can file a motion to vacate or lift the capias/warrant, Or your attorney can file a Motion for In Court surrender wherein you basically show up to court. One of the most common valid excuses to miss a court hearing is when you were not properly notified of the date within a reasonable amount of time. It must state: 1. (2) Return. But a capias pro fine is not necessarily an immediate writ for arrest. A capias is commonly issued for a failure to appear in court. 722, Sec. A capias warrant is issued when someone needs to be detained to ensure that they make a scheduled court appearance. In most cases, the court wants the defendant returned to face the judge and explain why payment was not made. Capias warrants may also be used to apprehend an individual who has skipped a court appearance for a traffic violation. We noticed that you're using an AdBlocker. We have notified your account executive who will contact you shortly.