Our county's collections department asked me to seek a capias pro fine on a probation case for an unpaid fine and court costs. The defendant was on deferred adjudication and his term expired without a revocation being filed. I'm aware that the legislature recently added 42.12, section 11(b-1)to make the defendant obligated for these items even though the his term has run.

The capias pro fine provisions of Chapter 43, CCP seem to limit the remedy to those instances where there is a conviction. Anyone have any thoughts on whether a capias pro fine is available where the defendant was never convicted of the offense? I am inclined to think not, but I would appreciate
others'opinions.