Tuesday, March 24, 2015

The Houston Warrant Roundup Lawyer: What is the Difference between a Capias Warrant and an Alias Warrant?

March 25, 2015 - Of course arrests are made throughout the year, across all Texas jurisdictions, for outstanding warrants. Each year, however, the state of Texas offers all those with an outstanding warrant a period of amnesty during which they can take care of any outstanding warrant. Following this two-three week amnesty period, Texas law enforcement agencies will actively pursue those with outstanding warrants. Many people are unaware that an outstanding traffic warrant can have the same result as any other type of warrant—you can have handcuffs snapped on and will get to take a ride in a police cruiser. The 2015 Houston Warrant Roundup began on March 07, 2015.

 

No other state holds an event quite like the Texas Warrant Roundup, which is coming in to its ninth year. More than 270 Texas agencies and courts take part in the roundup which typically begins in early February, and ends in early March. By the end of a “typical” Great Texas Warrant Roundup, thousands of people will have been arrested, and millions of dollars in fines and fees paid. In 2011, the Houston police made 4,110 arrests, and the municipal courts across the Houston collected more than $2.5 million. If you happen to be one of those thousands of people who may be facing an outstanding warrant, it can be helpful to understand which type of warrant you are dealing with.

 

The Houston, Texas Alias Warrant

If you failed to pay a ticket—most typically a traffic citation—or failed to appear for your court date regarding a traffic citation, an alias warrant may be issued in your name. Perhaps you received a speeding ticket while going through Pasadena. You agreed to appear in court on a certain date, then stuck the ticket in a drawer and promptly forgot about it. You may be completely unaware that an alias warrant has been issued for you. An alias warrant can be executed anywhere in the state of Texas. You could be standing in line somewhere, at home having dinner, or at work.  In the case of an alias warrant, you can have your attorney post a bond on your behalf, and the warrant will be quashed. This is helpful in that you no longer have to worry about being embarrassed by an arrest at your workplace or at home.

 

The Houston, Texas Capias Warrant

A capias warrant is much different than an alias warrant. An attorney bond will not suffice in the case of a capias warrant, leaving you open to jail time as well as additional fines and fees. A capias warrant can result in a case in which you have entered a plea, worked out a payment plan with the court, or made any other agreement with the court, then failed to follow through. While a capias warrant cannot be lifted through a bond paid on your behalf, if you have already spent some time in jail for the original charges, your attorney may be able to have that time credited toward your punishment. If you have a capias warrant in your name, you should understand that the law considers you have waived your rights and must either pay the entire amount or go directly to jail.

 

As an example, you may have been pulled over for a relatively minor traffic infraction. You go to court to plead your case, however the judge finds you guilty. You agree to a payment plan, perhaps a defensive driving course, or make other specific agreements with the court. Later, you either forget about paying your fines, or perhaps you don’t have the money to make those regular payments. In either case, a capias warrant can be issued against you, and the remainder of your fines become immediately due. If you are fairly certain you will never be able to make the payments, then it can be better for you to not enter into such an agreement. Your alternative would be to let the case go into warrant, then hire an attorney to lift the warrant, negotiate for deferred adjudication, dismissal or defensive driving course. A capias warrant has an ultimate goal of forcing you to comply with a court order.

 

Whether you have an alias warrant or a capias warrant issued in your name, it is imperative that you not attempt to face the consequences on your own. A Sullo & Sullo Houston Warrant Roundup Attorney will offer professionalism as well as compassion to your circumstances. Our Houston Warrant Roundup Attorneys will work hard to help you resolve your warrant as well as the underlying tickets. Call Sullo & Sullo today—don’t leave your future to chance, and don’t risk an arrest.

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