Legal Question in Criminal Law in Virginia
capias
if someone dosent appear in circut court and the case is rescheduled but a misdermeaner capias is issued will that person be arrested?.note: the person is on active probation in another city doing all that is expected and the court does know his address. He couldnt make the court date because he didnt have bus fare. He sent a letter to his attorney two weeks prior telling him he wouldnt be there. The case is active and a capis {misdemeanor } issued. Can he , will he be arrested
1 Answer from Attorneys
Re: capias
Why yes, of course, this fugitive can be arrested since there's now, apparently, an outstanding capias(warrant)for his arrest.
Whether he will he be (arrested)is another question which may largely depend on how quickly his case comes to the attention of law enforcement authorities and the priority to which they assign the execution of the outstanding capias. (Matters are more
likely to move more quickly in this regard in a rural as opposed to a large urban area.)
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