Legal Question in Criminal Law in Virginia

Capias

My husband is in the USCG and is in the brig (not charged, just being held for possible outprocessing error.) He had a civilian court date that just passed and the atty. advised me he would get it continued since my husband is having to wait for the military to sort everything out. Well, I got the news today that the judge issued a capias, even though he was aware he was confined and had no way to appear. Now I'm told he will be immediately sent to the civilian jail the moment he leaves the brig. Is there anything that can be done to avoid this? This is a very complicated issue and my husband is a good person and this is just unreal..any advice would be appreciated.

Thank you so much.


Asked on 2/01/06, 3:44 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Capias

You should contact the attorney on the case to determine why the capias was issued(if you haven't done so already).

Whenever your husband is transferred into civilian custody, the attorney should be prepared to ask for an immediate bond hearing

for your husband during which he will have the opportunity to ask for dismissal of the capias and the release of your husband under reasonable conditions.

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Answered on 2/01/06, 5:49 pm


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