Table of Contents
Civil Capias Warrant
Table of Contents
The courts issue capias warrants following a defendant's failure to comply with legal orders. The execution process is similar to other arrest warrants and is carried out by a peace officer in the jurisdiction. While any peace officer may fulfill the warrant, the responsibility typically falls on sheriffs or constables. In many states, the sheriff's involvement is required if the issue is related to a felony offense.
Those with a civil capias warrant are compelled to appear in court and must resolve the warrant by paying a fine or serving jail time. The warrant remains active until the defendant meets these requirements.
Types of Capias Warrants
Depending on the defendant's situation, several types of capias warrants are issued. Aspects like what type of court order was ignored or the severity of the underlying offense will affect the issued warrant.
Capias Pro Fine
A Capias Pro Fine warrant is issued when a defendant does not pay a court-ordered fine. This warrant, often called a writ, remains outstanding until the fine is paid in full. The fine may be paid through financial means or satisfied through equivalent jail time.
Capias Pro Fine warrants are typically used for fines originating from minor offenses like traffic violationsand non-violent misdemeanors.
The defendant is brought into court to explain their non-payment and may receive leniency. In these cases, the courts often prescribe alternate forms of payment, such as completing a comparable regiment of community service.
Capias Mittimus
A Capias Mittimus warrant is issued when an individual fails to appear (FTA) in court. The judge signs the warrant, allowing an officer to collect the defendant and compel their attendance. The defendant is provided the chance to explain their absence.
This warrant is a civil process carried out separately from whatever issue compelled the original court-scheduled appearance. For example, an ex-spouse may win their original case in Family Court over a support agreement but still have to deal with the warrant created by missing a meeting.
Capias Warrant for Contempt of Court
"Contempt of court" encompasses any conduct that disrupts or interferes with the completion of a court order. This is usually seen during mid-trial interactions that damage the dignity of the courtroom.
However, sometimes, an obliger may behave in contempt of court outside of the court's immediate view. This includes actions such as failing to comply with payment orders, refusing to testify under subpoena, or violating a restraining order.
This warrant allows law enforcement to arrest the individual and the judge to sentence defendants with jail time or fines. In this case, jail time is not a payment method but a separate penalty for the offense.
Consequences of a Civil Capias Warrant
Ignoring the court's commands is a severe offense as it delays and disrespects the judicial process. Individuals named in a civil capias warrant face considerable legal penalties and affect the court's stance on other connected cases.
Legal Penalties and Potential Jail Time
Civil capias warrants typically result in fines or jail time. The severity of the penalty depends on what instigated the warrant and the overseeing jurisdiction. Fines can range from as low as $15 to thousands of dollars on the higher end.
For civil offenses, defendants unable or unwilling to pay the fine may serve a corresponding jail sentence. The courts assign an exchange rate in which defendants earn credit toward their fines with time served. In most cases, the rate is determined by municipal judges but is regulated by state laws.
Additionally, judges frequently delay seeing defendants with a capias warrant until the following day. This means the defendant spends at least a night in jail regardless of the court schedule.
Impact on Credit Score and Financial Records
Court judgments and records do not impact an individual's credit score. For example, required alimony payments do not affect the spouse's credit score unless it affects their ability to pay other bills or debt sources.
However, one of the biggest reasons for a capias warrant is missing court-ordered payments like spousal support or compensatory damages. While the courts do not report to credit agencies, unpaid debts can be sold to collections.
Transferring court debt to these collection agencies causes the debt to affect the defendant's credit score more directly and appear on financial records. This may also make securing additional credit lines or passing background checks more difficult․
Frequently Asked Questions (FAQ)
How Can I Deal With a Civil Capias Warrant?
If you have a civil capias warrant, it is crucial to quickly find legal counsel and willingly appear in court. Defendants must provide reasonable explanations for their non-compliance with court orders, and a trained professional can help better frame their circumstances.
You should not wait for law enforcement to come knocking. Depending on the nature of the warrant, the judge may resolve the issue without significant penalties. Ignoring a civil capias warrant can result in additional penalties like increased jail time or fines.
Can I Find Civil Capias Warrants Online?
Yes, most law enforcement agencies maintain online platforms to search for active warrants. These databases allow individuals to check their warrant status and preemptively address the situation without involving law enforcement.
However, if you're searching for a civil capias warrant on yourself, you've likely defied court orders. Even if a warrant is not currently in the database, it is highly probable that one will be issued shortly.
What Should I Do If I Can't Afford to Pay the Court-Ordered Amount?
Individuals unable to pay the court-ordered amount should raise their financial problems in court. The judge may allow individuals to negotiate a new payment plan if there is a legitimate reason, such as being a single parent or having other significant debt.
Paying the fines created by the capias warrant may also be negotiable through community service or revised payment plans. A less attractive offer is to gain jail credit toward the fine through incarceration, but this is rarely the correct choice.
What Are My Rights If I'm Arrested on a Civil Capias Warrant?
The circumstances behind a civil capias warrant are significantly different from those behind a typical arrest warrant. In these cases, the judge issued the warrant because the defendant had already acted outside the court's wishes.
While you should exercise your right to remain silent or seek legal representation, remaining cooperative during the arrest process is essential.
Can a Civil Capias Warrant Affect My Employment?
Standard background checks do not typically reveal civil warrants. An extensive level 2 backgroundcheck will examine court records and reveal warrants, but this is not the norm for companies.
However, some of the underlying reasons leading to a civil capias warrant may cause marks in your criminal record. Actions like breaking a restraining order or behaving in contempt of court can appear in a background check and deter employment.