TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Satisfaction of Capias Pro Fine
Go
New
Find
Notify
Tools
Reply
  
Satisfaction of Capias Pro Fine Login/Join 
Member
posted
In JP or Municipal court, after a capias pro fine is entered, does the judge have the authority to keep the defendant incarcerated until the fine is laid out if the defendant tenders the payment?
The Judge has made a finding that the defendant intentionally did not make a good faith effort to pay and is running several class "C" cases consecutively and instructing the jailers not to release the defendant until the fine etc is laid out at $50 per day, even if all, or part, of the money is tendered to the jail....
Seems to me if the defendant has a someone bring the fine and court costs to the jail,(or a portion thereof) there is no longer a basis upon which to hold them on a fine-only offense.
 
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
Member
posted Hide Post
I don't see how a person who is 'laying out' a fine can be required to lay it out if they pay it.

The more thorny issue in most capias pro fine cases is whether the right to counsel was fully implemented. [The reason class c cases don't usually have a right to counsel is because jail time is not a possibility. At the point where the judge is determining that any amount of jail time is now a possibility, the right attaches.]
 
Posts: 341 | Location: Tarrant County, Texas | Registered: August 24, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Satisfaction of Capias Pro Fine

© TDCAA, 2001. All Rights Reserved.