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Someone has been incarcerated for 3 weeks for a curfew probation violation since 12/09 and last week the paperwork was just filed and a capias issued when the person is already locked up. How can this be or what does it mean? It took almost a month before the probation officer filed anything, and the person has just been sitting in jail. Would it be better to get a paid lawyer for them versus a court appointed one?The person was arrested 12/28/09 and is still incarcerated, the paperwork wasn't filed until 1/19/09 and says probation reporting case status-fugitive! He got incarcerated because he missed curfew so he was violated but something doesn't seem right to me and needed some guidance on this matter. Why would a capias be issued if the person is already incarcerated and have a fugitive status?