Legal Definitions - capias

A capias is a formal court order, also known as a writ, that directs a law enforcement officer to take a specific person into custody. Its primary purpose is to ensure that an individual appears in court when required, or to compel them to comply with a court's judgment or order. It is typically issued when someone has failed to follow a previous court directive, such as appearing for a hearing, fulfilling a financial obligation, or responding to a summons.

Here are some examples of how a capias might be used:

• Example 1: Failure to Appear in a Criminal Case

  Imagine a person receives a citation for a minor traffic offense, like reckless driving, and is given a mandatory court date. If they fail to appear in court on the scheduled day, the judge may issue a capias for their arrest. This order directs law enforcement to find and apprehend the individual, bringing them before the court to address both the original traffic charge and their failure to appear.

  This illustrates a capias being used to compel a defendant's appearance in a criminal or quasi-criminal matter after they have disregarded a court summons.

• Example 2: Non-Compliance in a Family Law Matter

  Consider a situation in a divorce case where one parent is repeatedly ordered by the family court to provide specific financial documents for child support calculations, but they consistently refuse to do so and miss scheduled hearings. The other parent's attorney could request a capias. If granted, this order would authorize law enforcement to take the non-compliant parent into custody and bring them before the judge to explain their failure to obey the court's orders and provide the required information.

  Here, the capias serves to enforce compliance with a civil court's directives and ensure an individual attends a crucial hearing related to a family law judgment.

• Example 3: Failure to Pay a Court-Ordered Fine

  Suppose a defendant is convicted of a misdemeanor and ordered to pay a substantial fine by a specific deadline. If the defendant fails to pay the fine by the due date and ignores subsequent notices from the court, the judge might issue a capias pro fine (a specific type of capias for fines). This order would allow law enforcement to arrest the individual and bring them before the court to address the unpaid fine, potentially leading to a payment plan, community service, or even jail time until the fine is satisfied.

  This example demonstrates a capias being used to enforce a financial penalty imposed by a court when an individual has not fulfilled their obligation.