What Happens if You Fail to Appear in Court in Wisconsin?

By Defense Lawyer Carlos Gamino

Sometimes judges decide to let people pay money to get out of jail – as long as that person promises to show up for his or her court date. The money a person pays is like collateral; if the person doesn’t show up to court, the state keeps the money… and then issues a warrant for the person’s arrest. That means that when you bail yourself out of jail, you have two choices: You can show up for court and get your money back (minus the state’s fees), or you can fail to appear, lose your money, and get re-arrested anyway.

What Happens if You Fail to Appear in Court in Wisconsin?

Failure to appear will get you into serious trouble. The state will send the police to pick you up, stick you in jail, and keep you there until your court date. And because the police will be nice enough to give you a ride to court, the judge knows you’ll be there at the appointed date and time.

This type of arrest warrant is called a capias. It’s essentially a document that tells the police to pick you up. In fact, any officer who finds you is required to arrest you.

Related: What to do if a capias is issued for you

The police can arrest you from anywhere. It doesn’t matter whether you’re at your child’s school, at work, or even at your own wedding – when the police find out where you are (and they may be actively looking for you rather than waiting to bump into you on the street), they’re going to come get you. If a judge has issued a capias for you, it may be best to turn yourself in. If that’s what you’re considering, you should consult with an experienced Wisconsin criminal defense attorney to learn about your options.

Do You Need to Talk to a Lawyer Because You Missed Court?

You can – and should – call an attorney if you’ve missed court. (And no, we won’t turn you in.) That way, you’ll know exactly what you’re up against, and your attorney can determine the best course of action for you. Additionally, your attorney can defend you in court from that point forward, whether you’re facing consequences from failing to appear or being tried for the crime that put you in jail in the first place.

Carlos Gamino

By |2021-08-08T14:28:24-05:00June 7th, 2021|Criminal Law|Comments Off on What Happens if You Fail to Appear in Court in Wisconsin?

What to Do if a Capias is Issued for You

What if You Have a Capias Issued - Carlos Gamino

By Carlos Gamino

If you have a capias issued against you, it’s a serious matter – and you may need to talk to an attorney as soon as possible. A capias is essentially the same thing as a warrant; it’s a court order that allows police to arrest you so that you’ll show up for a scheduled court appearance.

What to Do if a Capias is Issued in Your Case

When a judge issues a capias, which commonly happens when you’ve failed to show up for a court date, it’s serious. That’s because police will come arrest you and put you in jail so that the court knows where you are when your court date rolls around – and you won’t miss court, because the police will take you there.

A judge can issue a capias warrant after any type of charge (even a speeding ticket) if you fail to show up in court. It’s commonly called a “bench warrant,” both in Wisconsin and in other states. A judge can issue one of these warrants at any point during a case. That means even if you’ve made it to every other court appearance, if you miss one, the court can issue this type of warrant.

Any officer who finds you is required to arrest you and take you to jail. You’ll be held in jail until you can meet with the judge.

Should You Turn Yourself in Over a Capias Warrant?

Many people will tell you that you should turn yourself in if a capias has been issued against you. That’s because if police find you on their own, it doesn’t matter where you are or what you’re doing; they’ll haul you into jail. It’s not unheard of for police to arrest someone from a child’s birthday party, a romantic dinner with someone special, or from work or school.

Do You Need to Talk to a Lawyer About a Capias Issued for You?

You may want to talk to an attorney before you do anything related to a capias a judge has issued for you. Call us at 414-383-6700 now, or contact us online, to find out what the best course of action is for your case. We may be able to help.

Carlos Gamino

By |2021-07-17T12:17:17-05:00March 25th, 2020|Criminal Law|Comments Off on What to Do if a Capias is Issued for You


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