If a capias is not served until after the date fixed in the capias, are the proceedings under the capias still valid?

• A. Yes
• B. No
• C. Only if authorized by the judge
• D. Only for traffic offenses

Answer: (A)

A capias is a writ that directs law enforcement to arrest a person to compel them to appear in court. The date fixed in the capias is a schedule for appearance, not an expiration of the writ itself. The court’s authority to issue and enforce the capias doesn’t disappear if service happens after that date. The capias remains in effect until the person is arrested or the writ is recalled, so the related proceedings stay valid even if service is delayed. It isn’t limited to traffic offenses, and it doesn’t require additional judge authorization after issuance.