In this chapter, a “capias” is a writ that is: (1) issued by a judge of the court having jurisdiction of a case after commitment or bail and before trial, or by a clerk at the direction of the judge; and 43.06. RETURN OF CAPIAS. The writ is considered outstanding until paid in full. Jan. 1, 1966. The word “capias” means “that you take” in Latin, therefore a capias warrant is usually issued to compel someone to do take a specific action. A capias under this article must be issued not later than the 10th business day after the date of the court’s issuance of the order of forfeiture or order permitting surrender of the bond. The judge usually assigns a bond to the capias. When an arrest has been made and a bail taken, such bond, together with the capias, shall be returned forthwith to the proper court. (b) A capias issued under this article may be executed by a peace officer or by a private investigator licensed under Chapter 1702, Occupations Code. 2, p. 317, ch. Capias warrants are issued by civil courts, therefore they are apart from a criminal arrest warrant, however make no mistake—you can wind up in jail as a result of a Texas capias warrant. 23.17. TITLE 1. (a) When the court orders the issuance of a capias as provided in this chapter, the court shall also set an appearance bond or security, payable to the obligee or to a person designated by the court, in a reasonable amount. 2, 3, 6, 7, 10, 13 ALL RESULT IN SEIZURE; BUT ARE NOT THE SAME: Capias – Issued by JUDGES (not Magistrates) Chapter 23 – Bond Forfeiture (Pre-Judgment) Chapter 43 – Procuring Custody of Defendant (Post-Judgment) Arrest Warrant – Issued by Magistrate (not Judge) Chapter 17 – Surety Surrenders Principal CODE OF CRIMINAL PROCEDURE. The return of the capias shall be made to the court from which it is issued. Capias pro fine are writs or warrants issued after the defendant defaults on an agreement with the court.. TEXAS CODE OF CRIMINAL PROCEDURE. In Texas, a capias writ is entered when the person has failed to appear in child support court after receiveing proper notice to attend the hearing. Art. Acts 1965, 59th Leg., vol. Art. BOND Inmate booked in/out on bond - not housed ESCP Escapee H341 Holding cell 701 Jail JACY Cypresswood Annex Jail JADC Detention Center JAHU Humble Annex Jail JAWA Wallisville Road Annex Jail JA00 1301 Central Detention Facility (1301 Franklin) JA01 301 Downtown jail (301 San Jacinto) JA02 Out of state housing RETURN OF BAIL AND CAPIAS. The recipient usually must remain in jail until fees and/or costs have been satisfied by time served or the fees and/or costs have been paid in full.. Amended by: 722, Sec. Learn about warrants, detainers and holds | Law Office of Erick Cruz | Call now for more information A capias or capias pro fine may be issued to any county in the State, and shall be executed and returned as in other cases, but no bail shall be taken in such cases. HB 3060 – “The Capias Clean Up Bill” Secs. THE CAPIAS. 23.01. (a) Any surety, desiring to surrender his principal and after notifying the principal’s attorney, if the principal is represented by an attorney, in a manner provided by Rule 21a, Texas Rules of Civil Procedure, of the surety’s intention to surrender the principal, may file an affidavit of such intention before the court or magistrate before which the prosecution is pending. Texas", commanding the officer [him] ... the court, in lieu of a surety bond, unless a forfeiture is taken ... [his] absence, the court may order a capias issued for the defendant's [his] arrest. CHAPTER 23. (c) A capias under this article must be issued not later than the 10th business day after the date of the court’s issuance of the order of forfeiture or order permitting surrender of the bond. Acts 1965, 59th Leg., p. 317, ch. 23.18. CAPIAS OR CAPIAS PRO FINE MAY ISSUE TO ANY COUNTY. 1, eff. (b) An appearance bond or security in the amount of $1,000 or a cash bond in the amount of $250 is presumed to be reasonable. Art. Art. DEFINITION OF A “CAPIAS”. 722.
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