Which term describes a writ that commands a peace officer to bring a defendant before the court when the defendant is not in custody?

• A. Writ of Habeas Corpus
• B. Capias
• C. Subpoena
• D. Arrest Warrant

Answer: (B)

A writ of capias is a order that directs a peace officer to arrest (or produce) a person to appear before the court, particularly when the person is not already in custody. It is used to force someone to come to court or to answer charges, ensuring they are brought before the judge even if they aren’t currently detained. Habeas corpus, by contrast, is about challenging unlawful detention and getting someone in custody brought before court to determine the legality of that detention. A subpoena commands a person to testify or produce evidence, not to arrest them or bring them to court by force. An arrest warrant authorizes the police to arrest a person who is wanted, but it doesn’t specify bringing a non-custody defendant before the court in the same way a capias does. So the writ described is capias.