Legal Question in Criminal Law in Wisconsin

what is an order to detain- body only in the state of wisconsin?


Asked on 6/02/12, 12:53 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

An arrest warrant which does not allow bond for the person who is supposed to be arrested is sometimes known as a "body only" warrant, bench warrant, or "capias." They are often used for severe cases of contempt of court or violation of court orders (such as not showing up for a hearing), juvenile matters, restraining order/bond violations, arrest warrants from other states, or major felony crimes, although this is not a complete list. In such cases, the need for the judge to personally see the person in court is deemed more important that any amount of bond which could be collected from the person, or they have proven themselves to be so untrustworthy that the judge deems this sort of detention to be the only option. Being arrested on such a warrant, however, usually does not prevent the judge from later changing his mind and allowing the person to post bond if circumstances change. Obviously, if anyone is facing such a thing, they need to immediately consult with an experienced criminal lawyer. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only. Regardless of this, however, you are still welcome to contact me during business hours at my in Racine if you still have questions.

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Answered on 6/03/12, 4:59 am


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