Tennessee Capias / Bench Warrant
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FAQ
Capias (plural capiases) (law) An arrest warrant; a writ commanding officers to take a specified person or persons into custody.
Any individual can find an active warrant by conducting a criminal history check, performing a court record request, or contacting the local sheriff's office.
After the grand jury returns an indictment or presentment, the clerk shall issue a capias or a criminal summons for each defendant named in the indictment or presentment: (1) who is not in actual custody; (2) who has not been released on recognizance or bail; or (3) whose bail has been declared forfeited.
Bench warrants are the less severe types of warrants. They are generally issued when you miss a court date or fail to make a court-mandated payment, such as paying off a citation or missing child or spousal support payments. A bench warrant can typically be cleared by paying off the balance.
What are the Possible Consequences for Failing to Appear? In Chattanooga, a suspect who fails to appear for court may have committed a Class A misdemeanor. The court may impose fines up to $2,500 and prison terms of up to 11 months and 29 days.
What are the Possible Consequences for Failing to Appear? In Chattanooga, a suspect who fails to appear for court may have committed a Class A misdemeanor. The court may impose fines up to $2,500 and prison terms of up to 11 months and 29 days.
In general, warrants do not expire. They stay on record indefinitely. However, this rule does not apply to all types of warrants. In Tennessee, bench warrants for misdemeanors are removed from the record after 5 years as a way of clearing system backlogs.
What Do I Do If I Find Out That I Have an Outstanding Bench Warrant? To remove an outstanding bench warrant, you must turn yourself in to the court (specifically, the Sheriff's Department located in the courthouse). At that point, the court must schedule a bench warrant hearing within 72 hours.
