Who may issue a capias when authorized to hear the case?

• A. A magistrate
• B. A peace officer
• C. A judge with authority to hear the case
• D. A municipal court clerk

Answer: (C)

Capias is a court order commanding law enforcement to arrest or produce a person in court. The essential point is that this writ must come from a judicial figure who has authority to hear the case. That’s why the correct option is the judge who has jurisdiction over the case. A peace officer can carry out arrests but does not issue the writ itself, and a municipal court clerk handles administrative tasks rather than issuing capias. The rule is that the issuer must be a judicial officer with authority to preside over that case, which is why a judge with that authority is the proper answer.