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Law Girl
Law Girl, Lawyer
Category: Criminal Law
Satisfied Customers: 4606
Experience:  I have practiced criminal law.
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Wat is the difference between a Capias and a No Bond Capias

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Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Girl replied 8 years ago.

DearCustomer

Thank you for your question.

The difference is the existence of a bond. Generally a capias is the issuance of an arrest order with court direction to bring the named person before the court immediately. With a no bond capias, there is no bond.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

Customer: replied 8 years ago.
Reply to Law Girl's Post:

I'm still unclear as to the difference. Perhaps some background will help you better answer. I stand accused of a misdemeanor. I missed a calendar call during which the Capias (further defined as one of the no bond variety) was issued by the judge. I understand that the judge wants me brought to her courtroom at once. The no bond language though, does it refer to an arrest order in which previously the defendant was released pending trial without a bond -as is the case- or does it mean that if I present myself voluntarily in her courtroom -perhaps after sending the judge a letter explaining the reason why I did not appear and asking for the opportunity to do so- I would be arrested without the possibility of posting a bond? Thank you.

Customer: replied 8 years ago.

I'm still unclear as to the difference. Perhaps some background will help you better answer. I stand accused of a misdemeanor. I missed a calendar call during which the Capias (further defined as one of the no bond variety) was issued by the judge. I understand that the judge wants me brought to her courtroom at once. The no bond language though, does it refer to an arrest order in which previously the defendant was released pending trial without a bond -as is the case- or does it mean that if I present myself voluntarily in her courtroom -perhaps after sending the judge a letter explaining the reason why I did not appear and asking for the opportunity to do so- I would be arrested without the possibility of posting a bond? Thank you.

Expert:  Law Girl replied 8 years ago.

The just wants you taken into custody at once, without the ability to post a bond. Once you are in custody, it is likley you will be arraigned and appear in front of the judge.

A letter to the judge is probably not in your best interests and will not serve to help you right now. The judge will likely reserve his rulings for evidence that is placed on record and in front of him in court.

You may be able to contact the clerk to find out what needs to happen for you to be recalendared on the judge's docket. Some judge's have different policies on the matter. In some instances, just showing up is enough to get back on the docket.

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