Which scenario would not be addressed by capias or capias pro fine?

• A. A defendant not in custody must be brought to court
• B. A defendant who defaults in payment of a fine
• C. A witness subpoena to testify
• D. A defendant who is absent at judgment

Answer: (C)

Capias and capias pro fine are enforcement tools used to compel compliance with court orders by bringing a person into court or ensuring payment. A capias is issued to arrest someone who must appear in court but does not; capias pro fine is used when someone fails to pay a fine, with detention used to secure payment or appearance.

That’s why bringing a defendant who is not in custody to court fits these tools—the aim is to obtain the defendant’s presence. Similarly, someone who defaults on paying a fine can be arrested under capias pro fine to enforce payment. If a defendant is absent at judgment, a capias can be issued to secure their appearance so the judgment can be entered or enforced.

A witness, however, is addressed by a subpoena to testify. If the witness doesn’t comply, the mechanism is typically contempt of court rather than capias. So the scenario involving a witness subpoena to testify is not addressed by capias or capias pro fine.