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What is a "Capias Bond?"

Fort Lauderdale, FL |

What exactly is a "capias bond" in Broward, Florida.

A judge set it along with a warrant for arrest. Is that the amount to get out on bond once a person turns themselves in or does it mean something else?

Attorney Answers 2


CAPIAS AD RESPONDENDUM - Practice. A writ commanding the sheriff or other proper officer to 'take the body of the defendant and to keep the same to answer, ad respondendum, the plaintiff in a plea,' etc. The amount of bail demanded ought to be indorsed on the writ.

A defendant arrested upon this writ must be committed to prison unless he give a bail bond to the sheriff. In some states, (as until lately, in Pennsylvania) it is the practice when the defendant is liable to this process, to indorse on the writ, 'No bail required' in which case he need only give the sheriff, in writing, an authority to the to enter his appearance to the action to be discharged from the arrest. If the writ has been served, and the defendant have not given bail, but remains in custody, it is returned 'C. C., cepi corpus'; if he has given bail, it is returned 'C. C. B. B., cepi corpus, bail bond'; if the defendant's appearance have been accepted, the return is, 'C. C. and defendant's appearance accepted.'

In other words, don't worry just pay, if you must.

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In Florida, a capias writ is most often entered when the person has failed to appear in court to answer a charge upon notice to do so. The judge usually assigns a bond to the capias. Pay the bond, and you can go on that charge with the promise that you appear in court when told to do so.

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