A capias is a legal document allowing law enforcement to arrest an individual. It requires convincing evidence and may be issued for failure to appear in court or suspected crimes. The document must clearly state the reason for the warrant and identifying information. Once issued, it remains pending until the person is taken into custody or the judge reverses it. Surrendering to law enforcement may be viewed favorably in court and may result in plea deals.
A capias is a legal document issued by a judge authorizing law enforcement personnel to arrest an individual and take him or her into custody. Also known as an arrest warrant, a capias is an important legal and law enforcement tool. There are several types of warrants available for use, and in addition to being performed by law enforcement, such acts can also be performed by people such as bounty hunters.
In order for a capias to be issued, the judge must be shown convincing evidence to justify the arrest and detention. Deprivation of liberty through arrest is considered a very serious matter in most legal systems, and a judge will not issue a warrant if there is no legal justification for doing so. Examples of situations in which a capias may be written include: if someone fails to appear in court, he fails to comply with the terms of a court order, or he is strongly suspected of committing a crime.
This word comes from the Latin for “to take.” The document should name the subject, clearly indicate why the warrant is being issued, and state the terms of the warrant. It may also include the subject’s last known address, along with identifying information to help law enforcement confirm they have the right person when executing the warrant. The person executing the warrant must clearly identify the subject before making the arrest and taking the person to court or detention.
Once issued, a capias will remain pending until the person is taken into custody or the judge reverses the deed. Legal deeds will go to the subject’s records. If the subject is given a background check at another location, the old legal act will appear and law enforcement will be obligated to act. In cases where individuals are taken into custody for a crime and a search of the records shows a precedent for another crime, a negotiation is conducted to determine how the situation should be handled.
When a capias is issued, the subject may choose to surrender to law enforcement, rather than wait for collection by law enforcement. This may be viewed favorably at a later stage if the person is convicted of a crime and the judge is deliberating the sentence. Individuals who voluntarily submit to judgment may also be offered plea deals and other deals in exchange for their cooperation with law enforcement agencies.
Protect your devices with Threat Protection by NordVPN
