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JBABB Criminal Defense Attorneys offer full service legal representation for those affected by Texas law enforcement or the Texas criminal court system.

What is a Capias Warrant?

JBABB Law - Warrants

As discussed in previous blogs, there are two types of warrants: alias and capias. This time around, we’ll focus on one of those two specifically. Capias warrants are the warrants you aren’t used to hearing about, but they can be even more serious than an alias warrant.

Just as a refresher, alias warrants are the ones you think of when you hear “warrant.” Typically they are issued for not appearing at your mandated court date or not paying your speeding ticket for an extended period of time. Capias warrants are different. Capias warrants occur when you’ve agreed with the court to do something and you don’t do it.

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First things first, capias warrants (due to their severity) are very urgent things. A judge absolutely has to have apt evidence in order to issue one, and usually the matter is quite time sensitive. All this to say, they don’t get put on the backburner the way an alias warrant might. When you hear about the Great Texas Warrant Roundup, the majority of those are alias warrants, which are more numerous, less time-sensitive, and less severe.

As far as how capias warrants arise, there a vast amount of ways. All of the ways center around a broken agreement with the court itself. The most obvious way this can occur is when someone is bailed out of jail, which comes with a promise to make a court appearance, and the person ultimately does not show up to said court appearance. The warrant is quickly issued, and the person is apprehended and made to appear before the judge as soon as possible. In this case,

Capias warrants can occur for reasons not directly related to court appearances, however. For instance, if child support payments (which are technically a court agreement) are continuously blown off, a capias warrant will be issued for the negligent parent. Moreover, the reason for a capias warrant being issued could be for something as small as submitting the paperwork to court saying that you’ll do defensive driving following a traffic ticket, and you fail to do so within any reasonable time, and you choose not to contact the court for an extension of any kind. The defensive driving agreement is a court agreement, and thusly will result in the more serious capias warrant.

Should you find yourself the recipient of a capias warrant, your best course of action is always to contact adept legal counsel. Only a licensed and trusted attorney should handle your proceedings at this point. The lawyers of JBabb - Criminal Defense Attorneys are ready and willing around the clock to step in and take over your case. We will work tirelessly in our attempts to protect our name. Call for your free consultation today.