Arrests may be made without a warrant when the offense is committed within the view of a peace officer or the peace officer is relying on a credible source, such as another peace officer, who had probable cause to arrest by viewing the offense. Some of the most common arrests without a warrant include Public Intoxication, Failure to Identify, and Assault.
TYPES OF WARRANTSIn our court, we deal primarily with two types of warrants- Alias and Capias Pro Fine.
ALIAS WARRANTAn alias warrant is the type of warrant that is issued when no plea has been entered on the case or you have failed to appear in court either in person or by mail. This can include the initial appearance on the citation or failure to appear for a scheduled court date.
When you receive a citation and sign the citation, you are actually signing a written promise to appear in court. If you then fail to plea to the citation, either by mail or in person, you will be set for a Show Cause Hearing. If you do not appear, that constitutes an additional offense of "Failure to Appear" under the Penal Code.
As a result, a Failure to Appear charge is issued, you then have two cases instead of one: the original charge and the failure to appear complaint.
In the event that you are arrested, you may bond out of jail by posting one of the following: cash bond, bail bond, or attorney bond.
CAPIAS PRO FINEA capias pro fine is specifically issued after a judgment is rendered, a fine assessed and you have been given an extension of time to pay the fine. When you fail to pay the fine as required or agreed, you will be set for a Show Cause Hearing. Failing to appear for that constitutes default and a capias pro fine may be issued for your arrest. A capias pro fine may also be issued for failure to complete driving school.
When arrested on a capias pro fine, the fine must be paid in full, or the judge may grant an extension for payment of the fine.