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.

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.

Texas Driver Responsibility Program under Fire

Texas Driver Responsibility Program under Fire

HOUSTON—It is common knowledge that drunken-driving laws in America vary from state-to-state, but in Texas, they often differ between counties. This “checkerboard” system of enforcement has recently come under fire, with local judges, lawmakers and upset residents calling for congruent reform and the elimination of hefty surcharges often imposed on top of criminal penalties.

Criminal Justice Committee Chairman John Whitmire, D-Houston, has taken special issue with the state’s Driver Responsibility Program (DRP), which includes a surcharge of $1000 annually for three years for first-time driving-while-intoxicated (DWI) offenders. Too often, motorists simply opt not to pay the fines, which Whitmire and law officers said means more people driving without licenses or insurance.

Red Light Cameras A Hot Topic in Houston

Red Light Cameras A Hot Topic in Houston

The topic of red light cameras in Houston has been a hot one since the City began employing them at major intersections on September 1, 2006. Proponents of the program hold that its main purpose is to decrease the number of red light runners and reduce collisions, while those in opposition argue that it’s aimed at making money for municipalities rather than improving traffic safety.