Your HUSBAND is on trial but the court put out a capias on YOU??? What are YOU wanted for?
Unable to answer this question - there seems to be MUCH MORE going on than is disclosed in the question. If you know there is a capias for you, turn yourself in and get it over with.
When a Defendant fails to appear for court on a plea or trial date. The judge can issue an orderconditionallyforfeiting the bond and issuing a capias warrant for the Defendant's arrest.
It is an order from the Court for a trial. This is usually carried out by the sherrif or by Police officers who will come to get the person on the warrant if they do not turn up in Court at the correct time.
The officer that summons people to a trial/court case is called a Warrant Officer.
No. The US Supreme Court doesn't hold trials; they hear appeals. Sentences are imposed by the trial court.
AnswerI worked as a Pre-Trial officer for several years. If you fail to comply with any of the terms or conditions of your Pre-Trial agreement, your case officer can send a letter to the court outlining what conditions you violated. A judge will then issue what is called a "Capias Failure to Comply with Court Order." This is a warrant that will result in you being arrested and brought before the judge to explain why you violated your Pre-Trial agreement. The judge can then at his/her discretion revoke your bond, and you will have to sit in jail until your trial unless your lawyer can get the judge to let you back out at a separate bail hearing.
Yes. Bench warrants are normally issued when the defendant does not appear for a court date, be it arraignment, trial, motions hearings, etc.
No. Only the court (Judges) may issue a warrant for someone's arrest. No lender may have you arrested for not paying a loan, however, if you don't show up to court (or have legal representation at court), the judge may issue a bench warrant for your arrest (with the intention of getting you in front of the court, not to put you in jail). If the default, however, is subsequently believed to be a result of fraud, the judge may pass the particulars of the case to a prosecutor who will likely request a warrant for your arrest. In this case, the warrant is meant to hold you for trial in criminal court.
If it wasn't a jury trial you were probably found "guilty en absentia." If you want to appeal the case, you will have to file for a re-heaing. If it was a jury trial contact the judge or the court immediately, there may be a bench warrant out for you.
Yes, UNLESS you are released on bail or the court imposed some kind of travel restriction on you. You must return for the trial however, or a warrant for your arrest may be issued.
you can get a Philippine municipal trial court clearance at your Municipal Trial Court :D
It sounds like you might be in the "discovery" process. If you were noticed in advance by opposing counsel that such a warrant was going to be applied for you could have/should have filed a motion in opposition in response. Once the warrant is issued you can't, it's too late. It has become a court order and you must produce the called for material. However, at trial you may exercise your option to object to its admissal into evidence.
Yes. It gives you control of when and where. If it is a minor (fail to appear, etc.) warrant, you may avoid jail/arrest by appearing in court, and can give you some good standing with the courts if you face trial for a major crime.