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MyraB
MyraB, Attorney
Category: Legal
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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Hi, I live in MA and received a Capias in the mail on 8/24/13.

Resolved Question:

Hi,

I live in MA and received a Capias in the mail on 8/24/13. I went to court back in February of this year for a defaulted credit card bill. That same day I was given paperwork to return in August and I wish I had a legitimate "excuse" for not showing but the truth of the matter is, I completely forgot to put the date on my calendar. I also received a new court date of 9/5/13 and was advised by appearing in court on that day, the warrant will be removed and a physical arrest will not be necessary. The capias states the court has NOT authorized an arrest under this capias to be made after sunset. I don't really know what that means. I want to go to court on Monday, 8/26 to try and clear this up/lift the warrant but am afraid I will be arrested on the spot. Can you offer an advice? Thank you in advance
Submitted: 1 year ago.
Category: Legal
Expert:  MyraB replied 1 year ago.

Hello and thank you for your question.

The capias warrant means that a warrant has issued to bring you before the court to answer for your contempt (which was the not showing up). It means that a sheriff or deputy may come to your home and place you under arrest and you will then be transported to the court to explain your contempt to the court. This is not a criminal arrest warrant. The warrant means they could arrest you, it doesn't mean they will. The sheriff's office will not be making civil arrests over the weekend. If they do arrest you, it will be when the court is open because they will bring you right to court to deal with the contempt.

If you go to court first thing on Monday, go to the clerk's office and explain that you want to deal with the warrant and have it removed. The courts open at 8:30.

 

Dealing with the contempt will not be difficult. You can just explain that you forgot and be apologetic, and the case will be reset.

Please feel free to ask any follow-up questions.

Customer: replied 1 year ago.

Thank you very much for your answer. When I go to the court on Monday does that mean I will be put under arrest and then I will deal with the matter because I will already be there? I guess I am confused with whether or not I will be arrested when I walk into the court.


 


Final question, it appears that I can not be arrested after sunset (?) If I am out during the day does that mean I can be, say by a police officer?

Expert:  MyraB replied 1 year ago.
Thank you for your response.

No, you will not be arrested when you go to court. Go to the clerk's office and let them know what happened and that a capias was issued and you want to have the warrant removed. You may need to appear before the judge and you can explain why you didn't show up to court on the last date and be apologetic, and the judge will lecture you and the case will be reset. But, you will not be arrested or held.

Neither will you be arrested by a police officer when you're out and around. The warrant will say capias, any officers will know that it is not a criminal matter, and they will let the sheriff's office deal with it if it comes to an arrest. But, it won't come to that, because they will not make an arrest when the court is closed, and you will deal with the warrant first thing on Monday.

Let me know if you need any further information.
Customer: replied 1 year ago.

Thank you for your legal expertise. I feel much more at ease!


Have a wonderful weekend!!

Expert:  MyraB replied 1 year ago.
I hope you will be able to enjoy your weekend also. It was my goal to provide excellent service. If you are satisfied with the service you received, please take a moment to rate my answer positively. It will not cost you anything extra and is the only way I can receive credit for assisting you. Thank you.
MyraB, Attorney
Category: Legal
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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