Which statement about warrants and capias issuance is true?

Which statement about warrants and capias issuance is true?

• A. Warrants may be issued without probable cause if the judge suspects danger.
• B. A capias may be issued by a clerk without any review.
• C. The judge may issue a capias without probable cause if the defendant has failed to appear before.
• D. Before a warrant or capias may be issued, the judge must have probable cause.

Answer: (D)

Warrants and capias both function as court orders to compel an arrest or bring someone to court, and they must be grounded in probable cause. Probable cause means there are facts sworn to that would lead a reasonable person to believe the person committed the offense and that the court has jurisdiction over the matter. A clerk cannot issue these writs on their own; a judge must review the sworn information and sign. Simply suspecting danger or relying on a previous failure to appear does not substitute for probable cause. Therefore, the true statement is that before either a warrant or a capias may be issued, the judge must have probable cause.

Warrants and capias both function as court orders to compel an arrest or bring someone to court, and they must be grounded in probable cause. Probable cause means there are facts sworn to that would lead a reasonable person to believe the person committed the offense and that the court has jurisdiction over the matter. A clerk cannot issue these writs on their own; a judge must review the sworn information and sign. Simply suspecting danger or relying on a previous failure to appear does not substitute for probable cause. Therefore, the true statement is that before either a warrant or a capias may be issued, the judge must have probable cause.