When must a court issue a capias?

• A. Immediately after an arrest
• B. At the time of the arraignment
• C. When bail is forfeited
• D. A capias is required to be issued when a forfeiture of bail is declared

Answer: (D)

A capias is a writ that orders law enforcement to arrest someone so they can be brought back to court. It is issued when bail has been forfeited—if the defendant fails to appear or to comply with bail conditions, the court declares the bail forfeited and to enforce the court’s order to appear, a capias directs the defendant’s arrest. This timing matters because a capias isn’t automatically issued right after an arrest or simply at arraignment; those steps involve processing and setting conditions. The specific trigger for issuing a capias is the declaration of bail forfeiture, making that moment the correct one.