What is a Capias Warrant?

The word “capias” means “that you take” in Latin, therefore a capias warrant is usually issued to compel someone to do take a specific action. Capias warrants are issued by civil courts, therefore they are apart from a criminal arrest warrant, however make no mistake—you can wind up in jail as a result of a Texas capias warrant. In some cases people who owe the court money based on a prior court judgment but neglected to pay could have a capias warrant issued for them, or someone who fails to appear for a civil hearing could end up with their name on a capias warrant. The ultimate goal of a capias warrant is to force someone to comply with a court order. Certain jurisdictions also use capias warrants in the case of persons who failed to pay their traffic citation or appear in court as promised, however this is generally after a plea has been entered while an alias warrant is used prior to a plea being entered.

How to Avoid a Capias Warrant
In order to avoid a capias warrant you must always comply with court orders, pay your fines promptly or appear in court as promised. There is a problem with simply paying your traffic fines, however. Once you pay your traffic fines, you receive a conviction on your driving record. Each conviction brings points along with it—generally two points for any moving violation such as speeding, driving with an expired registration or inspection sticker or running a stop light or stop sign. You will be given three points for any moving violation which resulted in an accident.

Should you accrue six points on your driving record within a three-year period, you will be subject to surcharges assessed by the State of Texas which can climb into the hundreds or even thousands of dollars and require you to pay the yearly fee for three years or more. The points on your driving record can result in escalating insurance rates or even a cancellation of your auto insurance altogether. You could also see employment repercussions as a result of the convictions and points on your record, so even though you want to avoid a warrant, pleading guilty or paying your tickets is not always the best way to accomplish that.

Avoiding an Arrest in Texas by Posting a Bond

Suppose you are unpleasantly surprised to find there is a City of Houston warrant for your arrest as a result of an unpaid traffic ticket or a failure to appear in court as promised. Of course your primary goal is to avoid an embarrassing arrest which could take place wherever the police happen to find you. Whether you are at work in front of your co-workers and boss, at home having dinner with your family or even on your way to pick up your children from school, the police could arrest you—handcuffs, a ride in the police car, the whole humiliating experience. While you can be arrested for an outstanding warrant at any time, most Houston traffic warrant arrests occur during a traffic stop. While this may be marginally less embarrassing, it can cause you all sorts of inconveniences and expense.

When to Post a Bond?
If you’ve forgotten to pay a ticket or appear in court and you have determined there is a warrant for your arrest, your first line of defense should be to post a bond to immediately remove the threat of arrest. Our legal system provides a pretty great way to get out from under warrants and the risk of arrest without first paying the fines and suffering through the consequences which result. This is easily accomplished in the form posting a bond. You can post your bond in person, have a bondsman post the bond for you or have your chosen attorney post the bond on your behalf. Having your Houston attorney post your bond can be the least risky method since you could theoretically be arrested as you wait in line at the courthouse to post your own bond. While not likely, it is possible, and it’s a good idea to avoid that possibility by letting your attorney post the bond for you.

What Posting a Bond Accomplishes?
Once you post a bond you are no longer subject to the City of Houston warrant and potential arrest, as the bond immediately suspends the warrant. Even better, posting a bond does not convict you of the underlying traffic tickets as paying the ticket does. When you pay a traffic ticket in Texas you have effectively pled guilty to whatever offense you were charged with. This means a conviction will go onto your driving record, and since each conviction adds points to your record, you could find yourself dealing with the aftermath of paying those tickets for years to come.

You could end up paying exorbitant surcharges to the state of Texas for three years or more, could see your insurance rates rise dramatically, could jeopardize your driver’s license, especially a CDL license, and could even lose your job if it is dependent upon your having a clean driving record. Having your attorney post a bond on your behalf allows you to receive a new court date to appear before the judge and fight your old traffic tickets. While the City of Houston wants you to believe that your traffic ticket is a debt you owe, in fact that is not the case. A traffic ticket simply alleges that you committed a specific criminal violation—if you refuse to plead guilty, then the prosecution has the burden to prove your guilt beyond a reasonable doubt.

How Can a Conviction on Your Driving Record or a Criminal Record Of Arrest Affect You?

While many of us tend to be fairly laid-back regarding traffic violation offenses, the truth is these relatively minor infractions of the law can cause you significant levels of grief down the road. This is the way your traffic ticket generally evolves over time: You see the flashing lights in your rear view mirror and are filled with dismay to realize you are being pulled over by a city of Houston police officer. Perhaps you were exceeding the posted speed limit, slid through a stop sign, forgot to renew your inspection or registration sticker, or you committed any number of other relatively minor traffic infractions. You signed the ticket and returned home, fully intending to either pay the fine or appear before a City of Houston judge to plead your case. Then—as so often happens in our busy lives—you forgot to pay your fine or appear in court and next thing you know there is a city of Houston warrant for your arrest. Suddenly that relatively harmless traffic ticket has turned into a very serious issue.

Should You Pay Your Tickets and Fines?
Of course your first instinct is to simply rush down to the court and pay your fines or mail in a check and hope for the best. While either of these solutions will probably take care of the City of Houston arrest warrant with your name on it, they will also leave you with repercussions which could follow you for years and years to come. First of all, once you pay your Houston traffic ticket you have effectively pled guilty to the original offense, and you now have a conviction on your permanent driving record. The problem with those convictions on your driving record lies primarily in the points which go along with each conviction.

In the state of Texas, a moving violation such as running a stop light, neglecting to have a current sticker, speeding or any number of other traffic offenses will garner you two points on your Texas driving record. A moving violation which caused injuries to another will place three points on your driving record. Once these points add up to more than six, you could have some significant problems to deal with. First of all, you could end up having your driver’s license suspended due to the number of points on your driving record which can be a real problem when you depend on your vehicle to get you to work, school or any number of other places you regularly go.

Secondly, the state of Texas will begin adding surcharges once your points exceed six. These surcharges are fees which must be paid each year, for three years or more, and can amount to hundreds or even thousands of dollars. Next, once you have accrued a certain level of points on your driving record, it is highly likely your insurance premiums will increase, and in some cases your company may even drop you completely. Once your insurance has been dropped, it can be difficult and financially prohibitive to find another insurance company to cover you. Finally, if your employment is dependent upon a commercial driver’s license you may find your job in jeopardy as well. As you can see, writing out the check may sound like the easiest course of action, but in the long run it may be the worst thing you can do.

How to Beat a Traffic Ticket in Court

In most cases it is more advantageous for you to go to court and challenge your traffic ticket than to simply write out a check and pay your fines. While paying the fines for your traffic tickets may seem like the path of least resistance, that one action can have many unexpected repercussions down the line. There are a few tips that you can remember should you ever need to beat a traffic ticket in Houston and they begin with your attitude toward the police officer when you are stopped.

Don’t Admit Guilt—and Remain Polite
While it may make you feel better to express your indignation or anger, it will rarely help you out. Be polite and cooperative and you just might get a ticket for a less costly offense, or even just a warning. If you insist on being nasty, the officer may make note of it, and the prosecutor will be less likely to consider a deal when you appear in court. Avoid any admission of guilt and stifle the impulse to make excuses or create unbelievable stories about why you were speeding or committing any other traffic offense.

Dealing With the Police Officer
One thing you may want to do is politely ask the police officer how you can pay your ticket through the mail—even if you have no intention of doing so. This gives the officer the idea that you are unlikely to go to court to plead your innocence and he or she may take fewer notes. Then when you challenge the ticket the officer is at a disadvantage due to the sparse nature of his notes and recollection.

You could also go the alternate route and ask the police officer an entire litany of questions—politely, of course. You could ask where the officer was positioned and what type of radar detection device he or she used. Ask for as many details as possible, down to the serial number of the device, and make a note of the officer’s license plate and badge number. While this won’t make you particularly popular with the officer, it may give you an edge when you get to court, and in some instances the officer may not even show up, meaning your ticket will be dismissed.

How to Find Out if You Have an Arrest Warrant

Suppose you received a traffic ticket some time back and fully intended to pay it or go to court and plead your innocence. Then you got busy, time passed, and suddenly you wake up one morning with a sick feeling as you realize there could be a City of Houston warrant with your name on it. At this point you may be anxious and stressed, unable to stop thinking about the Houston police showing up at your place of work snapping handcuffs on you and leading you out past your co-workers and even your boss. At a bare minimum, an arrest warrant in Houston can be a very unpleasant surprise with far-reaching repercussions. This is one instance where it’s much better to find out where you stand and deal with it before it becomes a bigger problem. So—how do you discreetly find out whether there is a City of Houston warrant for your arrest, then deal with it in the most expeditious manner possible?

Determining Whether a Warrant Exists
You can, of course, simply go down to the courthouse, stand in line then ask straight out if there is a warrant with your name on it. While this might seem to be the most straightforward way of approaching the issue, this solution is not recommended. Theoretically, you could be arrested as you are taking out your checkbook to pay your fines. While not likely, it is a possibility. You could be allowed to pay your fines, effectively removing the threat of arrest. Unfortunately, by paying your fines you will now have a conviction on your driving record which brings further consequences.

You could ask any police officer to perform a warrant search but you will be subject to the same potential factors as you are when you go to the courthouse. You could go online and check one of the several online public records databases, which is much easier and eliminates the threat of arrest. Of course you could also choose to simply do nothing and hope for the best, but this choice leaves you constantly stressed about the possibility of an arrest. Remember—the police don’t care where they arrest you or how much embarrassment it causes you. It is much better to actually know where you stand rather than constantly worrying about it.

How Failing to Appear Can Turn You into a Fugitive

Most of us would never imagine the word fugitive could apply to us simply because we forgot about a traffic ticket. Unfortunately, this is not the case. A missed court date, even if it is for a minor traffic infraction, can land you in plenty of trouble. Should you neglect to appear for your court date, a Houston arrest warrant will be issued for you, meaning the police have the right to arrest you at any time or any place. While it’s true that the police generally don’t have the time or resources to run around a huge city banging on doors in an attempt to arrest every person who has neglected a traffic ticket, they do have that option.

In fact, for a failure to appear on a relatively minor matter, the police may not even bother to go to your home—but don’t breathe a sigh of relief just yet. Suppose you are driving to work, or taking your child to school, and a police officer pulls you over because of a cracked taillight or some other minor infraction. Once he runs your license the Harris County arrest warrant will become evident and he will likely take you into custody. If there is no one with you your vehicle may be towed and impounded, or if you have children with you the situation can get even uglier. If you are unable to find someone to come and pick up your children they could possibly be taken by Children’s Protective Services until the matter is resolved.

Facing the Additional Charges
A Failure to Appear charge is considered a separate criminal offense from the original traffic offense which required your presence in court. If a City of Houston arrest warrant was issued for your failure to appear and you are aware of the warrant, hire an attorney immediately before you have made further mistakes. The attorney can post a Harris County traffic bond on your behalf, although you can also do this directly or go through a bail bondsman. If you take care of the warrant immediately, then you avoid being arrested while you are having dinner with your family or sitting at your desk at work. Once your Harris County bond has been posted, a new court date will be set—a court date that you absolutely must not miss. Some judges will be lenient on a first Failure to Appear, but they will not look so kindly on you when it happens a second time.

I’ve Been Arrested on a Traffic Warrant—What Should I Do?

Although many of us are under the impression that neglecting to show up for a simple traffic ticket hearing is really no big deal, should you find yourself being taken into custody under a City of Houston arrest warrant you may be shocked to realize how serious it really is. Perhaps you were busy and simply forgot about your court appearance, or maybe you really thought it was not crucial that you appear. If you suddenly find yourself being arrested—in a critical situation with no prior warning—you are likely stunned and scared, wondering what to do next. Many times these Houston arrest warrants are carried out at your home or place of work, causing embarrassment and humiliation. In some cases you may be stopped for something simple like a broken tail light and find yourself being loaded into a police car once the officer runs your license and sees the outstanding warrant. However it occurred, it would be very wise to contact an experienced attorney who can assist you with your legal crisis.

After the Arrest
As if it weren’t bad enough being arrested, possibly in front of family members or co-workers, you still have hurdles to get past. You will be obligated to post a Harris county bond or bail bond in order to ensure you don’t linger in a jail cell. As soon as the bond is posted it will be necessary for you to appear in front of a judge and offer a reasonable explanation as to why you missed your first court date. Although you have every reason to be upset, it is never wise to put forth an angry attitude toward the judge, rather you should be respectful and polite. Don’t forget that it is within the judge’s power to let you go with a dent in your checkbook and a slap on the wrist or to send you to jail. Since jail is not where you want to be, it can be extremely important to speak with a Houston attorney who can explain your current options to you and help you decide what you need to do.