Chapter 23 - The Capias

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Capias

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27 Terms

1

Capias

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

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2

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.

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3

Felony

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

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4

Summons

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

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5

Bail

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

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6

Peace Officer

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

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7

Arrest

The act of detaining someone by legal authority.

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8

Jurisdiction

The official power to make legal decisions and judgments.

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9

Indictment

A formal charge or accusation of a serious crime.

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10

Defendant

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

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11

Misdemeanor

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

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12

Retention of Capias

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

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13

Execution of Capias

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

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14

Forfeiture of Bail

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

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15

Return of Capias

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

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16

Judicial Authority

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

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17

Electronic Form Capias

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

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18

Criminal Appeals

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

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19

Notices to Appear

Communications directed to individuals requiring them to attend court.

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20

Sheriff

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

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21

Peace Officer's Authority

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

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22

Court's Minutes

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

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23

Surrender

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

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24

Local Warrant System

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

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25

Suitable Age and Discretion

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

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26

Officially Attested

The authentication of a document by a recognized authority.

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27

Witness Coercion

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

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