Before a capias pro fine may be issued, what must occur?

Before a capias pro fine may be issued, what must occur?

• A. Immediately, automatically upon failure.
• B. Only after notice to the defendant and a show cause hearing.
• C. Only if the defendant requests a capias.
• D. Capias pro fine is never issued.

Answer: (B)

Capias pro fine requires due process before it can be issued. The court must give the defendant notice and hold a show cause hearing to explain why the fine hasn’t been paid. Only after the defendant has been informed and had the opportunity to present reasons or arrange payment can a capias pro fine be issued to bring the defendant back to court. This protects against issuing such a warrant without the defendant knowing of the issue or having a chance to address it. So, immediate issuance upon failure isn’t appropriate because of the required notice and hearing; it isn’t dependent on a request by the defendant; and it is not never issued, since it can be used when proper steps have been followed.

Capias pro fine requires due process before it can be issued. The court must give the defendant notice and hold a show cause hearing to explain why the fine hasn’t been paid. Only after the defendant has been informed and had the opportunity to present reasons or arrange payment can a capias pro fine be issued to bring the defendant back to court. This protects against issuing such a warrant without the defendant knowing of the issue or having a chance to address it.

So, immediate issuance upon failure isn’t appropriate because of the required notice and hearing; it isn’t dependent on a request by the defendant; and it is not never issued, since it can be used when proper steps have been followed.