What is the difference between a capias and a warrant?

Answer 1

Writ of capias is a civil process to bring a witness to court. A warrant is criminal process to bring a defendant to court.

Answer 2

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Answer 3

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An Arrest Warrant is a Court Order instructing any peace officer to take the named individual into custody. It gives information about the suspect such as: identifying information, states the alleged offense, and orders the police to arrest the suspect. A Search Warrant is a Court Order instructing the police to conduct a search of a particular property, item or location. Search Warrants can be broad, such as in the case of a search of a farm, covering all buildings etc. Or they can be very narrow, covering just the search of a particular building, or item.

Answer 4

An arrest warrant is an order by the court to arrest a person. It generally also allows the police to search to one extent or another. During an arrest the police can conduct a search of the property under the control of the suspect. A search warrant is a warrant that allows the police to conduct a search. The extent of the search conducted would be controlled by state law and the warrant issued. Yes, they have the right to wake up sleeping people.

Answer 5

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Answer 6

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Answer 7

An arrest warrant commands the recipient to arrest the named person. It's used only when the person is believed to have broken the law and is subject to being arrested.

A writ of Capias commands the recipient to present the named person at a certain place and time.

For example if you're a named witness in a trial, have been subpoena'd, and don't show up, then the court may issue a writ of Capias to the bailiff to go and get you and bring you to his court.

Richard