Got an odd question for y'all:

Is a reissued capias valid under the following circumstances:

Defendant had a timely filed Motion to Revoke and Capias timely issued. After the expiration of the probation, "Bob" is arrested. Bob is not Defendant, but, because of past false names provided for law enforcement, Bob, through an alias, is picked up and the capias is served on him.
After arrest, we determined we had the wrong guy and let him go after we confirmed that. State moved to reissue the capias, which was granted by the Court the same day.

Is the reissued capias valid?

Thanks,

Joseph

I don't see why not. You tolled the statute by filing the motion to revoke. Just because Law Enforcement picked up someone else, doesn't change the timeliness of the revocation. Put the warrant back out on the system and keep looking.

Agree with Dan. The mistaken arrest of another suspect would have no effect on the validity of the MRP for the actual perp. You just have to get the capias reissued.

A motion to revoke must be filed and a capias must be issued prior to the expiration of the probation period. For that reason, you may want to file a motion to withdraw the return that was filed when the wrong person was arrested. The original capias would then remain in effect.