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