The two most common types of warrants issued by the Municipal Court Judge are the “Arrest Warrant”
and the “Capias Pro Fine.”
An Arrest Warrant is a Writ (written order) issued by the Judge after a sworn complaint or affidavit of probable cause is filed before the Court. In the Arrest Warrant, the Judge commands a Peace Officer to arrest the accused (defendant). The Peace Officer who executes the Arrest Warrant is authorized to retain him/her in custody and may place the defendant in jail.
The defendant may give bail to secure his/her appearance in court and be released from jail.
This type of warrant is issued after the 11th calendar day when an appearance has not been made or after a missed court date. Along with the warrant, an additional charge of “Failure to Appear” will be added to your original charges.
The Capias Pro Fine is a Writ (written order) issued by the Judge who presides over the Court after the defendant has entered a plea and has defaulted on payment of fines and costs to satisfy the judgment. In the Capias Pro Fine, the Judge commands a Peace Officer to arrest the defendant named in the order. Once arrested on a Capias Pro Fine, the defendant cannot post bail, and could be confined in jail until all fines and costs are satisfied either by payment or by time served.
When a defendant’s case goes into warrant status, by Arrest Warrant or by Capias Pro Fine, there is an additional $50.00 fee added to the balance of fines and costs.
Capias Profines that are active for more than 60 days are turned over to the McCreary, Veselka, Bragg and Allen Law Firm for collection action. Once the case is turned over to collection, the fine willl increase 30%.
All warrants are turned over to the Texas Department of Public Safety's (DPS) Failure To Appear program. Once the warrants are submitted to DPS, a defendant will not be eligible to renew his/her State Driver's License until the case is fully disposed. An additional $30 court cost will be added to defendant's case.