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.

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.

Little Understood Fact—Traffic Tickets are Criminal Cases

The United States is truly a nation that loves to drive, and Houston and the surrounding areas are certainly no exception. In fact, by most estimations as many as 89 percent of the adults in America own a car, using it to commute to work, run errands, go on vacation and taxi their children from place to place. Unfortunately, with all this driving comes the inevitable traffic ticket. If you misplace that ticket or simply forget to pay it on time you could find yourself hit with a Harris County arrest warrant wondering what on earth to do next. In determining whether you should post a bond in Houston or not, it is probably wise to consult an experienced attorney at this point.

Traffic Tickets a Billion Dollar Industry
Let’s face it—anybody with a driver’s license has made the occasional driving mistake resulting in literally millions of traffic tickets being issued each year in the United States.  Many people commit traffic violations without even realizing it—unfortunately the law does not accept ignorance of a traffic law as a valid excuse. Traffic tickets are intended to be a deterrent to driver mistakes due to the cost-if you’ve received a traffic ticket lately you were likely stunned by the amount owed since traffic tickets have evolved into a billion dollar industry.

Infractions vs. Violations
Whether you inadvertently or willfully committed the traffic violation remember that traffic tickets are considered criminal cases although there are varying levels of seriousness. Non-moving violations or moving violations which are considered non-dangerous fall in the category of infraction meaning the person committing such a violation cannot be jailed, receive an unreasonably large fine, have a jury trial or be entitled to a court-appointed attorney. Speeding tickets can garner a relatively large fine, depending on how many miles per hour beyond the posted speed limit you were driving.

In some cases speeding can be considered a form of reckless driving meaning it turns into a more serious moving violation. Other serious moving violations include running a stop light or stop sign which could potentially result in the injury of another person. Misdemeanor and felony traffic violations also include DUI, reckless driving, driving without insurance and failing to stop at an accident scene. If you’ve been charged with a more serious traffic infraction, you are entitled to all the normal rights afforded to criminal defendants.

What it Really Costs to Miss a Court Date

So, you received a traffic ticket, possibly for exceeding the speed limit or not stopping completely at a stop sign. It seems a relatively minor issue, so you stick the ticket in a drawer or your purse intending to take care of it as soon as you get a moment. Your court date comes and goes, and soon you have entirely forgotten about the traffic violation. What you are probably unaware of is you have now committed a separate criminal offense in Texas known as Failure to Appear which resulted in a warrant for your arrest.

Because the original incident did not seem all that serious, you are shocked and scared to find yourself being arrested on a Houston arrest warrant. Most people are unaware that a simple traffic ticket can lead to an arrest, possibly in front of their family or even worse, at work in front of their boss and co-workers. The first cost of missing your court date has just been realized and it is an emotional one. You are likely embarrassed and humiliated that others saw you arrested, and you are anxious, not knowing what you must do to get extract yourself from your present situation in the best manner possible.

Posting a Harris County Traffic Bond
Once you have been arrested, you are now liable for the original fines for your traffic offense as well as the fines for your Failure to Appear charge which can go as high as $500 plus any associated court costs. Should you be lucky enough to have escaped arrest at this point but are aware there is a Harris County arrest warrant out for you, it is imperative to retain an attorney immediately in order to avoid being arrested and having further charges levied against you.  In either case, you will be required to post a Houston traffic bond which you can do yourself, or you could choose to go through a local bonding company or your attorney.  At this point you are probably well aware that the fees and fines are stacking up at an alarming rate. Once you’ve posted your City of Houston bond you will be required to go before a judge at which time a new court date will be set. It would be extremely unwise to miss this court date as that would add trouble upon trouble.

Why You Should Never Ignore a Traffic Citation

Don’t let your busy life get in the way of taking care of a traffic citation or you could find yourself facing steep fines, additional charges and could even be arrested if you missed your original court date. Even if you feel the traffic ticket you received was not justified, ignoring the problem will not make it go away. There is a set court date which requires your presence, and missing that court date is seen as a serious offense by most judges.

If you become aware that you have missed your court date, contacting an experienced attorney immediately is your best course of action to prevent further negative consequences. Those consequences could include a Houston county arrest warrant being issued as well as significantly increased fines and a blot on your driving record. It is rarely a good idea to go into court without a criminal attorney by your side once a warrant has been issued. Although you may get lucky and land in front of a kind judge who will kindly help you solve your ticket problems, it is just as likely that you could be told to go home and come back with an attorney or, in rarer cases, be taken to jail.

Seek Legal Advice Before the Situation Worsens
If you have been charged with failure to appear and a Harris County arrest warrant issued for you, a Houston attorney may be able to have that warrant vacated, meaning you will be back to square one. You will be responsible for appearing in court and paying your original ticket fines but the good part is you will not be arrested and the warrant will be dismissed. Resolving the issue is always a better option than being arrested, possibly at your home or even at work in front of your co-workers and boss. If the attorney is unable to have your warrant vacated, then you must post a bond in Houston which is meant to ensure your appearance at your next court date.

Why You Shouldn’t Pay Old Tickets Simply to Avoid a Warrant—and What You Should Do Instead

If you’ve neglected to pay one or more Houston traffic citations, you may find yourself in the position of having a Harris county arrest warrant in your name. Whether you simply forgot about the ticket or deliberately neglected to take care of it because you didn’t feel you deserved the citation, the reality is that old tickets don’t simply go away because you forget about them. Eventually you will get caught, whether it is through a routine traffic stop, or during Houston’s annual warrant roundup.

While your first instinct may be to pay the tickets immediately to avoid the possibility of being arrested in your home or at work—or anywhere for that matter—there may be a better way to handle the situation.  If you are aware that a Houston arrest warrant has been issued for you, the smart thing to do is get it fixed while you still have at least a bit of leverage as well as more than one option to make the problem go away.

Options Other Than Paying Your Old Tickets
No matter which direction you choose to go regarding your past due traffic tickets and warrant for failure to appear, it is highly advised that you consult an experienced attorney in the area before you make your final decision. There may be many factors you are unaware of or had not considered that your attorney will be cognizant of, giving you a much better chance of a positive outcome.

1.  If you are aware there is a Houston arrest warrant with your name on it, hire an attorney immediately and discuss whether there is a possibility of the attorney having the warrant quashed, which means it is effectively cancelled and you no longer have to worry about being arrested. If this option is a possibility it can save you not only the humiliation of an arrest but the expense of additional fines as well as the possibility of a blot on your record. If your attorney is able to have the warrant quashed, then the court will set a new court date which you absolutely must show up for.

Driver Responsibility Law

Points system The Driver Responsibility law (TRC § 708; Article 10, House Bill 3588, 78th Legislative Session) establishes a system which assigns points to moving violations classified as Class C misdemeanors and applies surcharges to offenders, based upon the type of offense and the time period in which the citation was received. For each conviction, DPS will assign points to a person’s driver record as follows:

1. Two points for a moving violation conviction in Texas or that of another state. Moving violations are defined by 37 TEX. ADMIN. CODE §15.89, which includes a list of those violations that will be assigned points.

2. Points will not be assigned for speeding less than 10% over the posted limit or for seat belt convictions

3. Child Safety Seat Violations will accrue two points.

4. Three points for a moving violation conviction in Texas that resulted in a vehicle crash.

Points accrued remain on the driver record for a period of three years from conviction date. An offense committed prior to September 1, 2003 will not apply to the assessment of points under the program.

Points Surcharge
DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The surcharge assessment will be reviewed annually. If driver record continues to reflect six or more points during the prior three-year period, the surcharge will be assessed. Therefore, drivers may be required to pay for one or more years if six or more points continue to accumulate on the driver record. The driver is required to pay a $100 surcharge for the first six points and $25 for each additional point. Point surcharges are cumulative and may vary with each annual assessment if convictions are added or removed from the driver record. 

New Motorcycle Laws Roll Into Texas September 1, 2009

New Motorcycle Laws Roll Into Texas September 1, 2009

HOUSTON—On June 19, 2009, Governor Rick Perry signed into law Senate Bill 1967 (SB1967) of the 81st Regular Legislative Session. This law became effective September 1, 2009, and includes many motorcycle-related changes that affect all riders.

First, the bill requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course. It also repeals the helmet exemption sticker program.

Why Should I Hire Sullo & Sullo Attorneys to Fight My Traffic Ticket?

Why Should I Hire Sullo & Sullo Attorneys to Fight My Traffic Ticket?

Have You Recently Received a Traffic Ticket and Don’t Know What to Do?

If you have recently received a traffic ticket and you are trying to make a decision about who to hire to fight the charges against you, you have come to the right place. The Law Firm of Sullo & Sullo has provided some helpful information below to assist you in making an informed decision about your case: