Legal Question in Criminal Law in Virginia

Can a Capias Warrant (for missing a court date regarding a misdemeanor) be serve

A little over 2 years ago I had an incident involving a misdemeanor assault and battery involving my ex-wife. The judge at the time stated that if I had no negative contact with her for two years that the case would be dropped. I have been overseas for the past two years and just returned to the US. I was unaware of a court date that I was supposed to be at to state that there had been no negative contact. In attempting to get my drivers license moved from Virginia to the new State I am living in, I discovered I now have a capias warrant out for me. According to the Domestic Court in Loudoun county, they (the police) cannot serve the capias outside of Virginia - and that it could only be served if I were pulled over inside the state. However, I am concerned about getting the ''knock at the door'' some morning and I need to know what is my best bet or how to approach a lawyer regarding getting the capias rescinded and letting the court know I was out of the country and would like to have this dropped. I am in the process of finalizing my divorce with my ex and hope that this would help to prove that I had no contact with her. I'm honestly scared and need some advice.


Asked on 7/07/04, 3:33 pm

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

Re: Can a Capias Warrant (for missing a court date regarding a misdemeanor) be s

Your best approach is to retain Virginia criminal defense counsel to represent you in this matter and who will determine exactly what must be done in order to settle this matter. (You may have to come back briefly to Virginia to resolve it.)

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Answered on 7/07/04, 8:03 pm


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