When that time comes, the individual will first be arraigned for the capias warrant, then he will be expected to answer for why he has not complied with the court order that brought him there. Art. Capias differ from criminal arrest warrants because they don't charge you with a crime, but . Does "served" mean he's finally been arrested to appear in court? Staff should not wait for the capias mittimus document. Your subscription has successfully been upgraded. DISCLAIMER. You also have the option to opt-out of these cookies. $ 222 BOND #18788 $222.00 TO DEFT, BOND NBR: 18788 AMT $278 REFUNDED: CK#404853 CLERK, Event: ARRAIGNMENT HEARING; Judge: BARNES, CLIFF; Location: Courtroom A - HC; Result: DISPOSED BY JUDGE, Charges; Count: 1; Description: MAKE UTTER ISSUE UNDER 150 DOL (832.05.2); Level: M; Degree: F; Plea: NOLO-CONTENDERE; Disposition: ADJUDICATION WITHHELD, I CALLED WARRANTS THEY DO NOT HAVE WARRANT, Event: ARRAIGNMENT HEARING; Judge: BARNES, CLIFF; Location: Courtroom A - HC; Result: DEFENDANT FAILED TO APPEAR. However, just because a capias pro fine has been issued, this does not mean the defendant is going to jail. A capias warrant is one that is issued if a person is held in contempt of court. 1263 (H.B. 14.733, eff. DocketNotice of Court NOTICE OF COURT SENT TO DEFT, DocketARREST AFFIDAVIT FILED. In cases of arrest for felony less than capital, made during vacation or made in another county than the one in which the prosecution is pending, the sheriff may take bail; in such cases the amount of the bail bond shall be the same as is endorsed upon the capias; and if no amount be endorsed on the capias, the sheriff shall require a reasonable amount of bail. If a person has not paid any fines in the nature of parking tickets or any other penalties for any defaults even after receiving sufficient notice, then a judge can issue a capias warrant for the presentation of this person before the court. What does capias served mean under warrant status? Art. At the request of the district attorney general, any unexecuted capias shall be returned and cancelled. Four different kinds of cryptocurrencies you should know. 2022 - 2023 Times Mojo - All Rights Reserved It is important to note that a capias warrant is only used in an arrest situation. Procedures for Issuance of a Capias Warrant, Capias Warrant in an Unemployment Fraud Case. JAIL 12/21/07 10AM CAPIAS RETURNED SERVED. Answer: The word capias is of Latin origin, meaning for the taking of. You can always see your envelopes In some cases, the court can issue a capias with no bond, especially for a felony offense. A capias may be issued in different forms. 23.05. RETURN OF CAPIAS. September 1, 2007. RETURN OF BAIL AND CAPIAS. How much jail time do you get for failure to appear in VA? 291, Sec. How to Get Small Business Grants for Felons, How to Expunge Your Record: Guide and FAQ, How to Bail Someone Out of Jail: Guide and FAQ. This rule provides that the district attorney general or the trial judge may direct that the clerk issue a criminal summons rather than a capias. There are different types of capias warrants. The complete name of the individual to be arrested. It said sentence served on 5/24 but now at the bottom of his court document it says . Docket INFORMATION FILED DIRECT FILE ISSUE CAPIAS CAPIAS ISSUED OFFENSE INCIDENT / WORTHLESS CHECK AFFIDAVIT [+] Read More [-] Read Less; 08/22/2007. A capias warrant can be issued in different kinds of legal proceedings. Its important that you consult with a criminal lawyer or defense attorney to consider your options when failing to appear in court or a capias warrant is issued against you. In the common law system of the United States, a capias warrant is essentially an order to arrest and detain an individual for the purpose of guaranteeing a court appearance. Other jurisdictions issue capias warrants in relation to cases that originated in a civil or family division. During the trial, it was revealed that there were three fines outstanding against Talley in the Municipal Court of Montgomery and pertaining to misdemeanor convictions. the nature of execution, writs of replevin and. When shown copies of previously issued unemployment checks with his signature on them, Pina claimed the signature wasnt his, but that it might have been his ex-wife. execution or any order $10.00 (13) Exemplified copy of . People are called to the court for various reasons every day. 19.2-76. For an arrest to be valid on a misdemeanor offense which was not witnessed by the arresting officer, the officer must have an arrest warrant in his possession at the time of arrest. A capias is commonly issued for a failure to appear in court. Public Records Policy. Jan. 1, 1966. Wishing you luck and hoping that I have been helpful in answering your question. Powered byBlacks Law Dictionary, Free 2nd ed., and The Law Dictionary. Necessary cookies are absolutely essential for the website to function properly. It's a site that collects all the most frequently asked questions and answers, so you don't have to spend hours on searching anywhere else. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. on Avvo. Though the basic natures of these warrants are different, the consequences are the same. In most instances, a capias warrant is issued in connection with failure to appear before the court in a criminal case. He also denied owning a state ID-only card, and the ID number written on the checks did not match his drivers license. For example, in Texas, a capias warrant can lead to a misdemeanor or felony offense and can also result in significant fines. There are a few situations wherein a court may be justified in its reasons for issuing a capias warrant. Now that you know what is a capias warrant, how it works, and why its important, good luck with your research and investigation. Your credits were successfully purchased. After the grand jury returns an indictment or presentment, the clerk shall issue a capias or a criminal summons for each defendant named in the indictment or presentment: (2) who has not been released on recognizance or bail; or. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. A Capias had been issued for Mr. Glendenning by Wetzel County Circuit Court in early October of 2022 and that Capias was continued by the Court at the Thursday, January 26, 2023, hearing. Origin 1400-1450 Late Middle English < from Latin. BLOG; CATEGORIES. What Are The Penalties For Failing to Appear In Court? Judge HENDRIKS, JEFFREY presiding. Again, this simple act can provide your attorney with room to work proactively on your case, while eliminating many negative consequences that could otherwise happen. Your attorney can file a motion to vacate or lift the capias/warrant, Or your attorney can file a Motion for In Court surrender wherein you basically show up to court. 23.12. Arrest warrants are issued when a person has committed a criminal offense. On the other hand, if the accused was charged with a felony and a capias warrant for failure to appear in court is issued, that will also be considered a felony. It is important to note that a capias warrant is only used in an arrest situation. Return. These types of warrant are commonly referred to as bench warrants, because they are usually issued by judges when a person did not show up to court. Acts 2007, 80th Leg., R.S., Ch. If a defendant fails to appear in response to the summons a capias shall issue. 11/27/2007: BOND ISSUED/CASH BOND #18788 500.00 NOTICE OF COURT SENT TO DEFT, 4/27/2009: NOTICE OF COURT TO DEFT FOR ARR ON 5/11/09 9:00 AM SENT (02/12/08 NOTICE WAS NOT SENT), 5/11/2009: NOTICE OF FINES AND COST DUE FILED NOTICE OF FINES AND COST DUE F, 5/11/2009: DEFT PRES/SA PRES PLEA NC ADJUDICATION WITHHELD PAY$203+25+50 DEFT ADVISED OF I.N.S. 23.04. If the defendant has not been found, the return shall further show what efforts have been made by the officer to find him, and what information he has as to the defendant's whereabouts. (a) A capias shall be issued by the district clerk upon each indictment for felony presented, after bail has been set or denied by the judge of the court. A capias is commonly issued for a failure to appear in court. # 00404853-BOND#18788-$278, DocketBOND NBR: 18788 AMT $278 REFUNDED: CK#404853 CLERK, DocketCK REQ FOR $278 BOND # 18788-TO CLERK, HearingEvent: ARRAIGNMENT HEARING; Judge: BARNES, CLIFF; Location: Courtroom A - HC; Result: DISPOSED BY JUDGE, ChargeCharges; Count: 1; Description: MAKE UTTER ISSUE UNDER 150 DOL (832.05.2); Level: M; Degree: F; Plea: NOLO-CONTENDERE; Disposition: ADJUDICATION WITHHELD, DocketI CALLED WARRANTS THEY DO NOT HAVE WARRANT, HearingEvent: ARRAIGNMENT HEARING; Judge: BARNES, CLIFF; Location: Courtroom A - HC; Result: DEFENDANT FAILED TO APPEAR. If it has been executed, the return shall state what disposition has been made of the defendant. BAIL IN FELONY. A capias warrant is issued when someone needs to be detained to ensure that they make a scheduled court appearance. The person is arrested and detained, and subsequently tried. Any county can turn a legal issue into a bench warrant at any time even ten years later. 23.02. Lanigan, Cathleen Erin, There are four main points of information contained within a capias warrant. Answer: A capias warrant must contain the following particulars. A capias is a warrant or order for arrest of a person, typically issued by the judge or magistrate in a case. This time slot is the best and fastest possible choice. Though the basic natures of these warrants are different, the consequences are the same. My ex didn't show up for court so capias was issued. Failure to appear can be its own criminal offense, a misdemeanor under California Vehicle Code 40508. Probation has been defined as the release of an offender from detention, subject to a period of good behavior under supervision. When the capias is not returned at the time fixed in the writ, the officer holding it shall notify the court from whence it was issued, in writing, of his reasons for retaining it. That it be dated and attested officially by the authority issuing the same. Upon the request of the attorney representing the State, a summons shall be issued by the district clerk. RIGHTS PAY WITHIN 30 DAYS DUE 06/10/2009 OR SET UP PLAN, Cases involving other criminal matters not classified elsewhere, BOND NBR: 18788 AMT $222 REFUNDED: CK#00405478 JON BOND CONT: ONATHAN ADLER, CK REQ. Garaya Alicia Jackson in Florida Collier County arrested for CAPIAS: RICO, CAPIAS: CRIMINAL USE OF PERSONAL IDENTIFICATION INFORMATION, CAPIAS: UNAUTHORIZED MONEY SERVICES 7/25/1987. JAIL 12/21/07 10AM CAPIAS RETURNED SERVED. A statement saying that the person committed such offense, or that the court has reasonable cause to believe so. If it has been executed, the return shall state what disposition has been made of the defendant. Typically, a criminal defendant can remain free during the course of his or her criminal proceedings by providing a signature bond or monetary bond conditional on the person attending all court hearings. What happens next is anyone's guess. 1, eff. In essence, a capias warrant is a warrant issued for the taking of a person. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. This is why it is always better to obey the law rather than pay the price. Hello Nation! A law-enforcement officer may execute within his jurisdiction a warrant, capias or summons issued anywhere in the Commonwealth. Now answering the question, how long does an unpaid parking ticket stay on your driving record, Its forever. capias in the SES Capias Log is a post-court activity that should be completed upon return from court. 3060), Sec. If a court deems the issuance of a capias is needed, the court will direct the Clerk of Court to issue a capias. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using the Lawyer.Zone's website or by communicating with Lawyer.Zone by way of e-mail or through our website. STATE OF FLORIDA vs. Please wait a moment while we load this page. (b) amended by Acts 2001, 77th Leg., ch. In criminal law, youll often see capias warrants issued when a criminal defendant fails to appear before the court as scheduled. However, a capias pro fine is not always followed by an arrest writ. In law, a capias warrant is a court order where the court instructs law enforcement to arrest, detain and bring a specific person before the court. If it be made to appear by affidavit, made by any district attorney, county attorney, or the sheriff approving the bail bond, to a judge of the Court of Criminal Appeals, a justice of a court of appeals, or to a judge of the district or county court, that the bail taken in any case after indictment is insufficient in amount, or that the sureties are not good for the amount, or that the bond is for any reason defective or insufficient, such judge shall issue a warrant of arrest and require of the defendant sufficient bond, according to the nature of the case. If it has been executed, the return shall state what disposition has been made of the defendant. . 942, Sec. The peace officer executing a capias shall make a return to the court. Sheriff and constable departments are usually tasked with executing capias warrants, Some other agencies may contribute such as: In the case of defendants who skip on a bail bond, bounty hunters or bondsmen may seek to execute the capias warrant. When a person is let out on probation, the court agrees to drop all charges if he/she abides by the conditions or restrictions put forth for the duration of such probation. What is the difference in bargaining power between an employer and non unionized workers? Pina was taken into custody, then released on $3,000 bond. Art. Now, lets look at a summary of our findings. These cookies will be stored in your browser only with your consent. Can you go to jail for missing a court date? (2) directed "To any peace officer of the State of Texas", commanding the officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ. And, in some cases, the judge may actually sentence an individual to a temporary stint in jail simply for missing his court date. 3 Reasons Doing Nothing Can Actually be Productive, 3 Myths Far Too Many People Believe About the Past. The defendant failed to appear for a prior court appearance, The defendant failed to pay child support, or some such other court-ordered fee, fine, or restitution. 4, eff. The word warrant is used extensively on these programs; however, these are mostly arrest warrants. 1st appearance arrest and confinement filed bond set at $7,500 jail arraignment 08/21/09 9am judge nelson. We have notified your account executive who will contact you shortly. 5, eff. 23.06. For example, a capias warrant is an arrest warrant, not the kind of warrant that is required before the police conduct a search of a persons property. On or before the return day, the person to whom a criminal summons was delivered for service shall make the return. In each capital case where a defendant is arrested under a capias in a county other than that in which the case is pending, the sheriff who arrests or to whom the defendant is delivered, shall convey him immediately to the county from which the capias issued and deliver him to the sheriff of such county. Acts 1965, 59th Leg., p. 317, ch. 6789 Quail Hill Pkwy, Suite 211 Irvine CA 92603. A capias is a court order directing the arrest of a person/defendant. When such a person fails to appear, the judge can issue a capias warrant in his/her name. This amount is in the sole interest of the child. A capias warrant, or bench warrant, can be issued at any point during the case. That it name the court to which and the time when it is returnable; and. If he doesnt the court may issue a capias warrant to have him arrested. EXECUTION FOR FINE AND COSTS. The bondsman shall review the record on the premises and promptly return the record to the magistrate after reviewing it. Enjoy! Art. (f) Failure to Appear. The criminal summons shall be in the same form as the capias except that it shall require the defendant to appear before the court at a stated time and place, and shall give the defendant notice that the failure to appear as ordered may constitute contempt of court. Art. 1, eff. We noticed that you're using an AdBlocker. OFFENSE REPORT FILED OFFENSE INCIDENT / WORTHLESS C, INFORMATION FILED DIRECT FILE ISSUE CAPIAS CAPIAS ISSUED OFFENSE INCIDENT / WORTHLESS CHECK AFFIDAVIT, CAPIAS RETURNED SERVED CAPIAS RETURNED SERVED, ARREST AFFIDAVIT FILED. Answer: An arrest warrant is issued when a person has been found guilty of a crime and charged. A capias warrant is an order from the court authorizing the police to arrest and detain a person who has failed to show up for a court appearance. (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. What is the legal definition of capias warrant? That it name the person whose arrest is ordered, or if unknown, describe him; 3. Sept. 1, 1999; Subsec. US States (36975K) Current Events (51K) Celebrity (272) Exonerated . September 1, 2007. A district clerk, county clerk, or court may issue in electronic form a capias for the failure of a person to appear before a court or comply with a court order. We use cookies to ensure that we give you the best experience on our website. Answer: A capias warrant does not have a time limit for validity. Answer: There are some specific situations under which this warrant is issued. Answer: The person against whom the warrant is issued is arrested and detained until the violation that he/she has committed is addressed or the issue is resolved. Capias warrants are not limited to criminal cases. For full print and download access, please subscribe at https://www.trellis.law/. party : d1 - klotz david p : 12/17/2003: 1: title : rtn:sheriffs summons returned: served december 17, 2003: party : d1 - klotz david p : 12/17/2003: 2: title : mis:case cont at def request: 772-56961 issued by jts (general continuance for criminal ca . 2, p. 317, ch. Where an arrest is made under a capias in a capital case, the sheriff shall confine the defendant in jail, and the capias shall, for that purpose, be a sufficient commitment. That it specify the offense of which the defendant is accused, and it appear thereby that he is accused of some offense against the penal laws of the State; 4. The person is arrested and detained . Myers was served with her indictment at . File A Complaint. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. Although capias warrants are quite common in criminal law and criminal proceedings, you also have capias warrants in other types of cases. 23.09. Art. There are other jurisdictions that may use the capias warrant mechanism to ensure that a person is brought before the court in the context of a family matter or a civil lawsuit. I'm a lawyer and passionate about law. In some cases involving a misdemeanor, a person may be charged with two misdemeanors if a capias warrant needs to be issued to ensure he comes to court. But a capias pro fine is not necessarily an immediate writ for arrest. The decision to voluntarily turn yourself in can show youre attempting to cooperate with the police. If you are dealing with a capias warrant or need legal advice on the topic, be sure to contact an experienced attorney. September 1, 2007. CAPIAS TO SEVERAL COUNTIES. Amended by Acts 1981, 67th Leg., p. 803, ch. A capias may be issued in different forms. The following paragraphs answer some basic questions about a capias warrant, and also state the situations in which one may be issued. This may be in a criminal matter, or in a civil matter in which the judge had previously ordered the individual to appear at a specified time, and failing to appear amounts to contempt of court. (d) A summons issued to any person must clearly and prominently state in English and in Spanish the following: "It is an offense for a person to intentionally influence or coerce a witness to testify falsely or to elude legal process. DEFINITION OF A "CAPIAS". RETURN OF CAPIAS. Finding an experienced, resourceful attorney to address both your arrest warrant and criminal charges is the first step to getting your life back in order. We've created informative articles that you can come back to again and again when you have questions or want to learn more! It is also a felony offense to harm or threaten to harm a witness or prospective witness in retaliation for or on account of the service of the person as a witness or to prevent or delay the person's service as a witness to a crime.". A capias may be based upon an affidavit alleging personal knowledge of the offense. by clicking the Inbox on the top right hand corner. Capias warrants may also be used to apprehend an individual who has skipped a court appearance for a traffic violation. Amended by: Acts 2007, 80th Leg., R.S., Ch. It is not intended to provide legal advice or opinions of any kind. Capias warrants may be issued in certain jurisdictions to ensure that a person appears before the court in the context of traffic cases when they fail to pay a fine imposed by the court. The minimum bond in a capias warrant is usually set at $2,000.00 for a misdemeanor. $ 222 BOND #18788 $222.00 TO DEFT, DocketCLERK CK. CAPIAS OR SUMMONS IN FELONY. 11/26/2007: CAPIAS RETURNED SERVED CAPIAS RETURNED SERVED. One, the court can issue an arrest warrant. RETURN OF CAPIAS. Continue with Recommended Cookies. read more read less. 2/9/2009: capias returned served arrest affidavit filed. A capias warrant is a type of warrant issued by the court when a person who was scheduled to appear before a judge or the court fails to do so. The man, Carlos Pina, had claimed on his reporting forms that he was not working during the period of March through July, though an audit revealed that he had been working. A capias warrant is an order that is issued by the court to arrest a person, in order to ensure that he will present for his next scheduled appearance. When an arrest has been made and a bail taken, such bond, together with the capias, shall be returned forthwith to the proper court. There is no time limit on a capias warrant. Acts 1965, 59th Leg., p. 317, ch. How long do you go to jail for failure to appear? He was then tried on the charge of escaping the custody of a police officer under Code 1975, 13A-10-33. However, if he/she does not have a solid cause, then the consequences can be severe, right from having their driving license suspended to having their property seized by the court to source the funds. To explore this concept, consider the following capias warrant definition. In most cases, the court wants the defendant returned to face the judge and explain why payment was not made. Four good reasons to indulge in cryptocurrency! The Latin term capias literally means you are to seize, or you should seize, and is commonly used in the U.S. legal system to refer to a warrant issued by a judge directing law enforcement to arrest a specified person. I've been around the block! (c) Summons. However, if the detainee is unable to present such a cause, then he/she will be punished accordingly. Your content views addon has successfully been added. For an original charge of a Class A misdemeanor, up to one year in jail. The name, signature, and seal of the judge issuing the warrant. Why Do Cross Country Runners Have Skinny Legs? Capias warrants, or arrest warrants, may be issued in a wide variety of situations, though there are certain procedures for issuance of a capias warrant required by law. v. Varsity Brands, Inc. An order issued by the court for the purpose of arresting an individual so as to guarantee that he will show up at a future court appearance concerning his case. On January 11, 2021 a misdemeanor case was filed Please send us a message by filling out . Docket CAPIAS RETURNED SERVED CAPIAS RETURNED SERVED [+] Read More [-] Read Less; 08/22/2007. Here, in March of 1982, Stephen Eiland, a Montgomery police officer, went along with two other officers to the home of Bernard Talleys sister to arrest Talley for three unpaid fines relating to misdemeanor charges. If you enjoyed this article on what Capias Warrant means, I recommend you look into the following legal terms and concepts. In exchange for this freedom, the court expects that he will uphold his end of the promise and show up to all his scheduled court appearances. Whats the best time to turn yourself into jail? A judge can impose a jail sentence or fines if you are found guilty of failure to appear or contempt of court. JAIL 12/21/07 10AM CAPIAS RETURNED SERVED. 722, Sec. 5. (c) Delivery for Service. They include: Once the capias warrant has been issued, this means that any officer who finds the individual named in the warrant is required to arrest that person and bring him to jail, to be held until he can meet with the judge. The Latin term capias literally means "you are to seize," or "you should seize," and is commonly used in the U.S. legal system to refer to a warrant issued by a judge directing law enforcement to arrest a specified person. CAPIAS directs a peace officer as follows = "To any peace officer of the State of Texas", commanding the officer to arrest a person accused of an offense and bring the arrested person before that court immediately or on a day or at a term stated in the writ. A capias warrant means that a deputy sheriff or a constable can arrest you and bring you to court for the hearing. Wishing you luck and hoping that I have been helpful in answering your question. When a judge issues a capias, which commonly happens when youve failed to show up for a court date, its serious. This rule is patterned after the proposals of the Law Revision Commission in 40-9-107 and 40-9-110 of their proposed code. For example, someone who has failed to pay child support in family court, or a fine in traffic court, may be ordered back to court on a capias warrant to explain why he has not paid. FOREVER. CAPIAS AFTER SURRENDER OR FORFEITURE. September 1, 2007. 1420, Sec. By having police officers take the individual into custody, a judge can guarantee he appears in court. (b) Upon the request of the attorney representing the State a summons instead of a capias shall issue. Your subscription was successfully upgraded. A capias or criminal summons shall be executed and served as provided in Rule 4(e). The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address. But opting out of some of these cookies may have an effect on your browsing experience. The Latin term capias literally means you are to seize, or you should seize, and is commonly used in the U.S. legal system to refer to a warrant issued by a judge directing law enforcement to arrest a specified person. Notice of Court NOTICE OF COURT SENT TO DEFT, in the jurisdiction of St. Lucie County. What happens next is anyones guess. 3060), Sec. RIGHTS PAY WITHIN 30 DAYS DUE 06/10/2009 OR SET UP PLAN, DocketPAYMENT $0.00 RECEIPT #2011000000356, DocketBOND NBR: 18788 AMT $222 REFUNDED: CK#00405478 JON BOND CONT: ONATHAN ADLER, DocketCK REQ. After the 60-day period, when the car owner had not received payment, he applies to the court to enforce the judgment. 8/22/2007: OFFENSE REPORT FILED OFFENSE INCIDENT / WORTHLESS C, 8/22/2007: INFORMATION FILED DIRECT FILE ISSUE CAPIAS CAPIAS ISSUED OFFENSE INCIDENT / WORTHLESS CHECK AFFIDAVIT, 11/26/2007: CAPIAS RETURNED SERVED CAPIAS RETURNED SERVED, 11/26/2007: ARREST AFFIDAVIT FILED. If the court is satisfied that the detainee had sufficient cause for being unable to comply with the issued orders, then he/she may be let go. A capias is a warrant or order for arrest of a person, typically issued by the judge or magistrate in a case. This type of warrant does not allow for the seizure of property, nor does it allow for searching a property to legally gather evidence for a case. What is meant by capias returned? Talley was ultimately convicted of escaping the custody of a police officer. The spouse who does not have primary custody of the children is entitled to pay to the other, a certain amount every month, to meet the childs basic, educational, and medical expenses. 23.031. How serious is it when a capias warrant is issued? Talleys question for the court was whether his arrest was illegal because the officers did not have a warrant when they arrested him. If the defaulting parent can show sufficient cause for the violation, then the court will direct him/her to pay off the amount some other way. For example, a person whose child support order falls into arrears might be compelled to appear before a magistrate by means of a capias warrant. Depending on your municipal court and jail facility, other times may be ideal. Remember all the parking tickets on your record? 23.17. 1 attorney answer. For instance, it would save an individuals family a lot of grief if he turned himself in, rather than forcing his family to witness his arrest. Failure to Appear in Virginia is charged under Virginia Code 19.2-128. Failing to appear can also result in a drivers license suspension, fine, and bench warrant for your arrest. The courts have important powers in ensuring that a person gets arrested and brought before a judge. 23.15. Said the Court: We agree with Talleys second argument.