Last Updated on June 7, 2025 by Beltz Law Group
Rockwall Ticket Defense Attorney
Why Can’t My Attorney Lift My Warrant? Understanding the Capias Warrant
The Critical Difference in Traffic Ticket Warrants 214-321-4105
At the Beltz Law Group, we pride ourselves on efficiently lifting warrants for outstanding traffic tickets in Rockwall County and beyond. However, there’s a specific type of warrant that fundamentally changes what an attorney can do: the Capias Warrant.
Many times, clients reach out to our office for assistance with a warrant, only for us to discover that it’s a “capias” and, unfortunately, cannot be lifted by an attorney in the traditional sense. This situation typically arises after a defendant has made one of two critical mistakes, directly impacting their legal options.
How a Capias Warrant is Issued: Guilt Has Already Been Established
The key difference with a Capias Warrant, unlike a standard arrest warrant issued for simply failing to appear, is that guilt has already been established for the underlying traffic ticket. This occurs in one of the following ways:
- Entering a Plea Agreement or Payment Plan: If you previously appeared in court (either in Rockwall Municipal Court or a Rockwall County Justice of the Peace Court) and entered into a payment plan for your traffic ticket, you have, at that point, typically pleaded guilty or no contest to the offense. By doing so, you have waived your right to an attorney and agreed to the terms of your conviction and payment.
- Defaulting on a Deferred Adjudication or Defensive Driving Agreement: If you previously entered into an agreement to keep the traffic ticket off your record (such as deferred adjudication or a defensive driving course), but failed to complete all the required conditions (e.g., missed a payment, didn’t complete the course, failed to provide proof), the court will then enter a finding of guilt and issue a Capias Warrant for your arrest.
Rockwall Ticket Defense Lawyer
The Texas Code of Criminal Procedure is clear: by entering into payment plans or failing to meet the conditions of a deferred arrangement, you effectively (1) accept the conviction for that specific traffic ticket and (2) waive all rights that would have otherwise been afforded to you, including the right to further contest the charge or seek legal representation to “lift” the warrant in the traditional sense.
Why an Attorney Cannot “Lift” a Capias Warrant
Once a Capias Warrant is issued, it means that the question of guilt or innocence is no longer at issue. That ship has sailed. You have either admitted guilt or been found guilty by the court due to your failure to comply with a previous agreement.
At this point, there is nothing left for an attorney to contest regarding the traffic ticket itself. The only remaining issue is the collection of the fine or the enforcement of the jail sentence associated with that established guilt.
Therefore, if you have entered into a payment plan or defaulted on payment arrangements made as a condition of deferred adjudication or defensive driving, you are generally not going to be able to hire a lawyer to “lift” your warrants in the way we handle standard arrest warrants. Your primary choices become:
- Pay the full outstanding fine amount immediately.
- Surrender to jail and do “time served” to satisfy the fine (at a rate determined by the court).
There is a third option that can be requested, but it is typically at the sole discretion of the judge and is often denied: requesting indigency after the payment has been defaulted upon. You must make this request in writing and provide substantial proof of such low income that your fines and fees should be waived. If granted, you would typically be required to perform community service in lieu of payment.
Rockwall Ticket Defense Lawyer
The Importance of Consulting an Attorney EARLY
The lesson here is profound: it is critically important to discuss your case with an experienced traffic ticket attorney BEFORE you enter into any agreement with a court.
By contacting the Beltz Law Group early, before you make any admissions or enter into any payment plans or deferred agreements, we can:
- Protect your right to representation.
- Negotiate for outcomes that avoid a conviction on your record.
- Prevent the situation where a Capias Warrant is issued in the first place.
Don’t let a traffic ticket escalate to a Capias Warrant that severely limits your options. If you have an outstanding traffic ticket in Rockwall County, or anywhere in Texas, even if you are just considering your options, we invite you to call our legal professionals. We can help you understand your best course of action and work to protect your rights and your driving record.
