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  1. #1
    mag0070 is offline Junior Member
    Join Date
    Jun 2006
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    What are "alias capias" and "judgement NISI"

    What is the name of your state? Texas

    I was arrested for an open warrant I had for a misdemeanor charge. I was bailed out and was given a court date. I missed the court date. I found out that the bond was forfeited and an "alias capias" and "judgement NISI" were filed (according to the county criminal records found online). I called the sheriff's dept. and they say that there is a failure to appear warrant out on me now with a $1000 cash bond. They say I will have to turn myself in an pay the bond. My questions:
    1.) What do the terms "alias capias" and "judgement NISI" mean, and how do they affect my warrant?
    2.) If I go turn myself in will they let me pay the bond without being arrested at all?
    3.) If I do get arrested does the judge have the authority to change the bond amount or even hold me without bond?
    4.) If I am held without bond will I have to stay in jail until the courtdate?
    5.) Is there anyway to take care of this without going to jail?

    Any help would be GREATLY appreciated.
  2. #2
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
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    St. Odo of Cluny Parish
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    Quote Originally Posted by mag0070
    What is the name of your state? Texas

    I was arrested for an open warrant I had for a misdemeanor charge. I was bailed out and was given a court date. I missed the court date. I found out that the bond was forfeited and an "alias capias" and "judgement NISI" were filed (according to the county criminal records found online). I called the sheriff's dept. and they say that there is a failure to appear warrant out on me now with a $1000 cash bond. They say I will have to turn myself in an pay the bond. My questions:
    1.) What do the terms "alias capias" and "judgement NISI" mean, and how do they affect my warrant?
    2.) If I go turn myself in will they let me pay the bond without being arrested at all?
    3.) If I do get arrested does the judge have the authority to change the bond amount or even hold me without bond?
    4.) If I am held without bond will I have to stay in jail until the courtdate?
    5.) Is there anyway to take care of this without going to jail?

    Any help would be GREATLY appreciated.

    Definitions of "alias capias" on the Web:

    * The writ of capias ad respondendum (capias) ordered the sheriff to arrest a defendant in a civil case for appearance in court to answer the plaintiff’s declaration. The writ states the name of defendant, the court term when he was required to appear; the name of the plaintiff, the form of action (in non-bailable cases this was a fictitious trespass); and the names of the justice, clerk, and plaintiff's attorney. The writ does not contain a statement of the plaintiffs claim. ...
    freepages.genealogy.rootsweb.com/~randyj2222/gendict.html

    [url]http://www.lectlaw.com/def/j030.htm[/url]

    [url]http://www.genfiles.com/legal/legalterms.htm[/url]


    1.) What do the terms "alias capias" and "judgement NISI" mean, and how do they affect my warrant?

    A: Basically, they are the warrant.



    2.) If I go turn myself in will they let me pay the bond without being arrested at all?

    A: Doubtful.



    3.) If I do get arrested does the judge have the authority to change the bond amount or even hold me without bond?

    A: Yes; you have not co-operated, so expect the worst.


    4.) If I am held without bond will I have to stay in jail until the courtdate?

    A: Yes.


    5.) Is there anyway to take care of this without going to jail?

    A: I doubt it.
    There are two rules for success:

    (1) Never tell everything you know.

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