Warrants & Failure to Appear

What is a capias?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A court order directing law enforcement to take you into custody — Florida's term for a warrant issued in a pending case.

A capias is an order for arrest issued by the court. In Florida practice you'll see it most often in two situations: when the State files formal charges and the person isn't already in custody, and when someone fails to appear.

The practical distinction from an arrest warrant obtained by police at the outset of an investigation is mostly procedural — both authorize an arrest.

What matters is what's attached. Some capiases have a bond amount set on their face, which means bond can be posted at booking. Others are issued without bond, meaning a judge has to address release.

An alias capias is one issued after an earlier one wasn't served.

You can generally find out which kind exists through the clerk of court, and that single fact determines whether a surrender means a few hours or a wait for a hearing.

Find out whether there's a bond on it. That's the fact that shapes everything else. ---

Talk to an Attorney — Free

An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.

This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.