Which statement correctly describes when a warrant or capias may be issued?

• A. A warrant may be issued on probable cause or reasonable suspicion.
• B. The judge may issue a warrant without probable cause.
• C. A warrant can be issued only after the defendant pleads guilty.
• D. Before a warrant or capias may be issued, the judge must have probable cause.

Answer: (D)

Warrants and capias are issued only when there is probable cause to believe the person committed a crime. Probable cause means a reasonable basis, based on facts and circumstances presented to the judge (usually in a sworn complaint or information), that the person named is involved in the offense. This standard protects constitutional rights by ensuring arrests or orders to compel appearance aren’t based on guesswork. Reasonable suspicion isn’t enough to issue a warrant, and a judge cannot issue one without probable cause. A warrant isn’t tied to whether the defendant has already pleaded guilty. So, the requirement that the judge must have probable cause before issuing a warrant or capias is the correct understanding.