What is a Capias?

What is a capias? When a person signs a written “Notice to Appear” in the case or is released on bond after an arrest but then fails to appear in court, the court is permitted to issue a capias or bench warrant because of the failure to appear.

The capias might be issued after a failure to appear in court under the procedures outlined in Rule 3.121 and Rule 3.730 of the Florida Rules of Criminal Procedure.

The capias warrant often has a bond amount much higher than the standard bond for that offense. The minimum bond is usually set at $2,000.00 for a misdemeanor. Sometimes, the court can issue a capias with no bond, especially for a felony offense.

When the person is arrested, the HCSO Inmate Arrest Details list the basis for the hold as ARREST ON CAPIAS OR BENCH WARRANT (ADMIN022).

The provisions of Florida law that allow for the issuance of an arrest warrant for the failure to appear for court proceedings include:

• Fla. R. Crim. P. 3.121, 3.125 and 3.730;
• Fla. R. Traf. Ct. 6.165 and 6.190; and
• Florida Statute § 932.48.

After the capias warrant is issued, a criminal defense attorney can file a motion to quash or set aside the capias. At a hearing on the motion, the criminal defense attorney can argue all of the reasons why the failure to appear was inadvertent or a mistake.

Attorney for a Capias in Tampa, FL

If you need an attorney in Tampa, FL, to help you resolve a capias warrant issued because you failed to appear in court, contact an experienced criminal defense attorney at Sammis Law Firm.

Our attorneys help clients avoid unnecessary arrests by filing a motion to quash the capias or set aside the failure to appear warrant. When supported by the facts in your case, we can help you prove that circumstances beyond your control caused your failure to appear.

The attorneys at Sammis Law Firm represent clients facing different arrest warrants issued throughout Hillsborough County by judges at the courthouse in Tampa or Plant City, FL.

After failing to appear in court, we help clients facing a capias warrant issued in Brooksville, Hernando County, New Port Richey or Dade City, Pasco County, St. Petersburg or Clearwater, Pinellas County, and Bartow and Winter Haven, Polk County, FL.

We also represent clients classified as fugitives from justice awaiting extradition back to the greater Tampa Bay area.

Call (813) 250-0500 to discuss your case today.

The Difference between a Capias and an Arrest Warrant

What is the difference between a capias and an arrest warrant? A capias and an arrest warrant are not the same. The arrest warrant is typically supported by an affidavit. The arrest warrant is issued upon probable cause for the arrest of an individual before an indictment or information is filed. An indictment or information might sometimes supersede a warrant, but not always.

On the other hand, a capias is issued after an indictment or information has been returned, and does not replace or supplant the indictment or information.

A capias is typically issued by the court clerk, in which the indictment or information is returned, and requires no further probable cause than the indictment or information itself. See Fla. R. Crim. P. 3.131(j).

Florida Statute Section 903.046(d)

Florida Statute Section 903.046(d) provides, in part:

…any defendant who failed to appear on the day of any required court proceeding in the case at issue and who was later arrested shall not be eligible for a recognizance bond or for any form of bond which does not require a monetary undertaking or commitment equal to or greater than $2,000 or twice the value of the monetary commitment or undertaking of the original bond, whichever is greater.

Notwithstanding anything in this section, the court has discretion in determining conditions of release if the defendant proves circumstances beyond his or her control for the failure to appear….

Florida Rule of Criminal Procedure 3.730

Fla. R. Crim. P. 3.730 provides:

“Whenever the court deems it necessary to do so in order to procure the presence of the defendant before it for the adjudication of guilt or the pronouncement of sentence, or both, when the defendant is not in custody, it shall direct the clerk to issue immediately or when directed by the prosecuting attorney a capias for the arrest of the defendant.

Subsequent capiases may be issued from time to time by direction of the court or the prosecuting attorney.

Issuance of Capias for Arrest after an Information

After a prosecutor files an information charging the commission of a crime, often called the “direct file,” the judge will issue or direct the clerk of court to issue a capias for the arrest of the person accused of the crime if the person is not already in custody or out on bond.

Florida Statute Section 932.48 for “[i]nformations; duties of clerks of courts” provides:

“Upon the filing of an information, the clerk of the circuit court shall docket the information and shall, without leave or order of the court first being had and obtained, issue a capias for the arrest of the person charged; and the clerk shall likewise issue any and all other necessary process incident to the information.

The Effect of the Filing of a Waiver of Appearance

In many cases, the courts schedule a number of court dates prior to trial. Those court dates include the arraignment, dispositions, pre-trial conference, calendar calls, and docket soundings. The person’s criminal defense attorney will often waive their client’s appearance at some, or all, of these pre-trial court dates.

In most cases, the court has no legal basis to issuance a capias warrant for the defendant’s arrest if the defendant fails to appear in court for a pre-trial court date when the defendant has signed a waiver of appearance that was filed with the court by his or her criminal defense attorney.

Under limited circumstances, the court is permitted to require the defendant’s appearance at a court date and not allow a waiver of the appearance by the attorney, but the court’s intention must be announced in advance to put the defendant on notice that he or she must appear in court.

Recalling Capiases in Nolle Prossed Cases

The court may direct the clerk to issue a capias for a defendant’s arrest if the defendant fails to appear in court as provided in Florida Rule of Criminal Procedure 3.730 and Florida Rule of Traffic Court 6.190.

When the State Attorney’s Office nolle prosses the case, most jurisdictions have a process that permits the court to recall the capsiases for felony, misdemeanor, and traffic crimes without a court hearing. A nolle pross might be entered because of the case’s inactive status and the passage of time.

Sample Order Recalling Capias in Florida

When a mistake is made, the courts might use a form entitled “Order Recalling Capias,” which provides the following:

In the County Couty of _____ County

____ Judicial Circuit

State of Florida,

v.

Defendant.

ORDER RECALLING CAPIAS __ ISSUED ___ UNISSUED

(Must check at least one relating to bond)

___ Bond Reinstated/Forfeiture Set Aside
___ Cash ___ Surety ___ ROR

___ Bond Not Addressed
___ Bond Not Reinstated
___ Bond Not Applicable (if there is no bond)
___ D6 Set Vacated/Aside
___ D/L Suspension Canceled (Worthless Check Only)

This cause coming on to be heard, the requirement of the outstanding Capias being no longer needed, to wit:__________________.

IT IS THEREFORE, ORDERED AND ADJUDGED that the Capias heretofore issued be immediately returned to the Clerk’s Office unserved.

______________

Presiding Judge

Email to: Warrants Unit (If Issued)/ Collections/ Bondsman/Depositor

Additional Resources

Arrest Warrant in Pasco County – Find out more about the procedures used by the Clerk of Court in Pasco County, FL, when issuing an arrest warrant or capias warrant based on probable cause, direct file information, or a failure to appear in court at the courthouse in New Port Richey or Dade City, FL.

This article was last updated on Tuesday, October 20, 2024.