OPTIONS AFTER AN ARREST WARRANT OR CAPIAS PRO FINE IS ISSUED
IF YOU HAVE AN ACTIVE WARRANT AND YOU VOLUNTARILY APPEAR IN THE KEENE MUNICIPAL COURT OR AT THE COURT CLERK’S WINDOW YOU WILL NOT BE ARRESTED. YOU WILL BE ALLOWED TO SET YOUR CASE FOR COURT TO SPEAK TO A JUDGE OR YOU CAN WAIVE YOUR RIGHT TO TRIAL, PLEAD TO THE CHARGE, AND SET UP A TIME-PAYMENT PLAN OR REQUEST COMMUNITY SERVICE IN LIEU OF PAYING A FINE IF YOU CAN PROVE THAT YOU HAVE A FINANCIAL HARDSHIP.
TYPES OF WARRANTS
WARRANT OF ARREST (Texas Code of Criminal Procedure, Article 45.014)
When a sworn complaint or affidavit based on probable cause has been filed before the municipal court, the judge may issue a warrant for the arrest of the accused and deliver the same to the proper officer to be executed.
CAPIAS PRO-FINE (Texas Code of Criminal Procedure, Article 45.045)
A Capias Pro-Fine is an order directing any Texas Peace Officer to immediately arrest a defendant and bring that defendant immediately before the court to show cause (good reason) why that person has failed to satisfy the judgment (pay their fine and court costs). Unlike an Arrest Warrant, a Capias Pro Fine is issued after a defendant has been convicted of an offense.
If you have active warrants with our court it is either because you failed to appear in court to answer the criminal charges against you and an Arrest Warrant was issued or you already were convicted of the charge and you failed to pay your fine and a Capias Pro Fine was issued.
If you have already have a judgment rendered against you and you have failed to satisfy that judgment, you must either pay the fine and court costs or ask to be set on the court docket to ask the judge to place you on a time payment plan or ask the court to allow you to perform community service if you cannot afford to pay the fine and court costs. If you are indigent (poor) and unable to pay your fine or court costs, the Court will listen to your sworn testimony about your financial situation and may offer you different alternatives rather than the payment of your fine, such as allowing you to perform community service.
In cases of indigence (poverty) or financial hardship, the judge has the authority to lower the amount of the fine or decrease the number of community service hours required depending on the severity of the defendant’s financial situation. In severe hardship situations the judge may discharge all or part of the fine and court costs, pursuant to Article 45.0491, Texas Code of Criminal Procedure.