• A capias is a writ issued by:

  1. A judge of the court having jurisdiction over a case after commitment or bail and before trial.

  2. By a clerk under the judge's direction.

• It must be directed to "any peace officer of the State of Texas," commanding the officer to arrest the accused and bring them before the court immediately or on a specified date.

Requisites of a Capias

• A capias must contain the following essentials:

  1. Must run in the name of "The State of Texas."

  2. Name the person to be arrested or provide a description if the name is unknown.

  3. Specify the offense resulting in the accusation, confirming that it violates penal laws.

  4. Name the court where it is returnable and the date of return.

  5. It must be dated and officially attested by the issuing authority.

Capias or Summons in Felony Cases

• The district clerk issues a capias upon each felony indictment after bail has been set or denied.

• Upon request by the State's attorney, a summons will be issued instead.

• Delivery of the capias or summons must be made to the county sheriff where the defendant resides.

• No capias or summons is necessary for a defendant already in custody or under bond.

Summons and Its Requirements

• A summons requires similar formatting to a capias but must instruct the defendant to appear in court.

• Service of summons can occur by:

  1. Personal delivery.

  2. Leaving a copy at the defendant's dwelling with a suitable individual.

  3. Mailing to the last known address.

• Summons must clearly state that influencing or harming witnesses is a felony offense.

Issuance of Capias in Electronic Form

• Capias for failure to appear in court or comply with a court order can be issued in electronic form by:

  • District clerk

  • County clerk

  • Court

Capias for Misdemeanor Cases

• In misdemeanor cases, a capias or summons is issued based on a filed information or complaint.

• The State's attorney must request a summons, which is issued after the judge determines probable cause.

Capias After Surrender or Forfeiture

• If a bail forfeiture is declared, a capias is immediately issued for the defendant's arrest.

• The court can require a money deposit for release from custody instead of a surety bond.

• Capias execution can be done by a peace officer or a licensed private investigator.

• It must be entered into a local warrant system by the sheriff within ten business days of issuance.

New Bail in Felony Cases

• When a defendant arrested under a capias who previously posted bail is arrested, their sureties are released, and new bail must be established.

Expiration and Return of Capias

• A capias does not lose its force if not executed in the specified timeframe; it may be executed at any time afterward with valid proceedings.

• If a capias is not returned by the fixed time, the officer must notify the issuing court in writing with reasons.

Capias Issuance Across Counties

• Capias can be issued to multiple counties as directed by the district or county attorney.

Bail Regulations in Felony and Misdemeanor Cases

• In felony cases where prosecution is pending, the officer can take bail at the time of arrest.

• In misdemeanor arrests made under a capias, officers can take bail bonds.

• Specific provisions are in place for capital cases:

  • The sheriff must confine defendants in jail.

  • Immediate delivery to the origin county's sheriff is required if arrested in another county.

Returns of Bail and Capias

• After an arrest, the bail bond and capias must be promptly returned to the corresponding court.

• Returns must state the outcome regarding the defendant, including attempted execution details if not executed.