Washington, DC asked in Criminal Law for District of Columbia

Q: What motion do you file to ask for a bond on a capias

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2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in District of Columbia

A: A capias warrant is usually issued for failure to appear in court at a scheduled appearance. You could file a motion to recall the warrant and reschedule the court date, providing good reasons why you failed to appear, or alternatively try and arrange turning yourself in before the same judge who issued the warrant, and give your explanation and apology for missing court, and ask for release. Most defendants are released on bond in DC, or can be placed on pretrial supervision.

Bernard Crane
Bernard Crane
Answered
  • Criminal Law Lawyer
  • Washington, DC
  • Licensed in District of Columbia

A: DC is one of the only places in the country where they do NOT use money bonds. The only questions are, are you likely to fail to return to court, and are you likely to be a danger to the community? If the answer to either question is yes, you probably will be detained without bond. If the answer to both questions is no, you are presumed to be eligible to be released without having to post a money bond. If a judge DOES set a money bond and you can't make it within 24 hours, your attorney can file a motion to review the amount of the bond, and the judge has to lower it to an amount you CAN post.

Instead of money bonds, judges in DC usually set release conditions, like weekly drug testing, regular reporting to case managers, electronic monitoring, etc.

The only cases in DC where money bonds are frequently used are fugitives from other jurisdictions who get arrested in Washington.

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