What may a peace officer do upon serving a capias pro fine?

• A. Immediately bring the person before the court, or place the defendant in jail until the business day following the date of arrest if the defendant cannot be brought before the court immediately.
• B. The officer may issue a warning and release the defendant.
• C. The officer may not detain the defendant.
• D. The officer may arrest and hold for 60 days without court appearance.

Answer: (A)

Capias pro fine gives a peace officer the authority to arrest someone who has not paid or who did not appear in a fine case in order to secure their appearance in court. When served, the officer should bring the person before the court as soon as possible. If that’s not feasible right away (for example, after hours or on a weekend), the officer may detain the person in jail only until the next business day after the arrest so they can be brought before the court, rather than holding indefinitely. This ensures enforcement of fines while limiting detention to a brief, orderly window. Warnings and release without court appearance, or long detentions such as 60 days without a court appearance, are not allowed under capias pro fine procedures.