Chapter 23 - The Capias

Capias

A writ issued by a court commanding the arrest of a person accused of an offense.

Requisites of Capias

Necessary elements that must be included in a capias such as the state's name, accused person's details, offense description, court information, and official date.

Felony

A serious crime typically punishable by imprisonment for more than one year or by death.

Summons

A legal document issued to notify a defendant to appear in court.

Bail

The temporary release of an accused person awaiting trial, often involving a monetary condition.

Peace Officer

A public officer with the authority to make arrests and enforce the law.

Arrest

The act of detaining someone by legal authority.

Jurisdiction

The official power to make legal decisions and judgments.

Indictment

A formal charge or accusation of a serious crime.

Defendant

An individual accused of a crime in a court of law.

Misdemeanor

A minor wrongdoing, usually punishable by a fine or imprisonment for less than one year.

Retention of Capias

Continued holding of a capias after the specified time for execution.

Execution of Capias

The act of carrying out the orders of the capias by making the arrest.

Forfeiture of Bail

When bail is declared lost due to the defendant failing to comply with the conditions.

Return of Capias

The process of reporting back to the court regarding the execution status of the capias.

Judicial Authority

The power of a court or judge to make legal decisions and administer justice.

Electronic Form Capias

A capias that can be issued in an electronic format for non-appearance or court order violation.

Criminal Appeals

Legal processes wherein cases are reviewed and evaluated based on the law's application.

Notices to Appear

Communications directed to individuals requiring them to attend court.

Sheriff

An elected officer in a county whose primary duty is to enforce the law and manage the jail.

Peace Officer's Authority

The legal capacity of a peace officer to apprehend suspects and enforce laws.

Court's Minutes

Official written records of the proceedings and decisions made in a courtroom.

Surrender

The act of giving up someone to authorities, often in relation to bail.

Local Warrant System

A system established in counties for tracking and managing warrants and capiases.

Suitable Age and Discretion

The requirement for an individual delivering legal documents to possess maturity and sound judgment.

Officially Attested

The authentication of a document by a recognized authority.

Witness Coercion

The act of attempting to force or manipulate a witness into providing false testimony.