If a bond forfeiture is declared, the court is required to issue a capias.

If a bond forfeiture is declared, the court is required to issue a capias.

• A. True
• B. Only if the defendant is in custody
• C. False
• D. Not specified

Answer: (C)

The concept to keep in mind is that capias and bond forfeiture are related tools, but one does not automatically force the other. A capias is an order to arrest or bring a person before the court, typically to compel appearance or to secure compliance with the bond. Declaring bond forfeiture simply means the court has determined the bond did not serve its purpose (the defendant didn’t appear or comply) and the bond amount may be collected or the case proceeded against the defendant. However, issuing a capias is not mandatory in every forfeiture situation. If the defendant is already in custody, there’s no need for a capias. If the defendant is at large, the court may decide to issue a capias to locate and bring them in or to enforce payment, but it isn’t required in all cases. That’s why the statement is false.

The concept to keep in mind is that capias and bond forfeiture are related tools, but one does not automatically force the other. A capias is an order to arrest or bring a person before the court, typically to compel appearance or to secure compliance with the bond. Declaring bond forfeiture simply means the court has determined the bond did not serve its purpose (the defendant didn’t appear or comply) and the bond amount may be collected or the case proceeded against the defendant. However, issuing a capias is not mandatory in every forfeiture situation. If the defendant is already in custody, there’s no need for a capias. If the defendant is at large, the court may decide to issue a capias to locate and bring them in or to enforce payment, but it isn’t required in all cases. That’s why the statement is false.