August 20, 2012 - By Jeffrey Beltz
Capias Versus Alias Warrants
What’s The Difference?
Many people call us each day who have warrants out for their arrest, but we are not able to assist them because the cases are in Capias Warrant status. We spend a great deal of time explaining to our clients what the difference is between capias and alias warrants. This is why we have drafted this article so that you can understand the difference between the two and what an attorney can and cannot do for you depending on the classification of your warrants.
Capias Warrants Defined and Explained
Capias warrant as used to describe warrants for traffic tickets is a warrant that has been issued after entering into an agreement with Garland Municipal Court and then defaulting on that agreement. For example, if you received a traffic ticket in Garland and worked out a payment plan with the court but then missed a payment the court could put your case into capias warrant status. This means that you cannot hire a lawyer to come in and lift the warrant because an agreement has already been reached. There is no real reason to lift the warrant at that point. You had your day in court and failed to adhere to the terms. DO NOT HIRE ATTORNEYS FOR CAPIAS WARRANTS. Many attorneys will take your money only to turn around and tell you that your warrants cannot be lifted and the fee you paid was non-refundable. Only you will know if you went into the court and entered into an agreement with the court. If you have done this, then you are going to be out of luck trying to get the warrant lifted by a bail bond company or an attorney.
How To Avoid Capias Warrants – Do not enter into agreements with the court for payment of fines if you know there is a chance of default. It is better to let your cases go into warrant. Thats right! Let them go into warrant and save money. Once you have a few hundred dollars saved up, then hire an attorney to go lift the warrants and negotiate a payment plan or dismissal of the tickets.
Alias Warrants Defined and Explained
Alias warrants are issued when you simply forgot about your case or did not contact the court within the time period listed on the traffic citation. These types of warrants can be lifted by an attorney and normally kept off your record. If you have these types of warrants simply call an experienced traffic ticket attorney to get them lifted. Once the warrants are lifted an attorney can go into court for you and negotiate dismissal of the traffic tickets or keep them off your record.