STOP Capias Warrant
Ask to see a physical copy so as to confirm a valid arrest warrant against you.
It is possible to stop an arrest warrant without having to go to jail. Ask to see a physical copy where the police or sheriff actually have a valid arrest warrant against you. Stop deputy clerk from signing a warrant.
Clearly established constitutional law has required individualized probable cause to justify an arrest. The Fourth Amendment "cannot be undercut or avoided by simply pointing to the fact that coincidentally there exists probable cause to arrest. An arrest "must be supported by probable cause particularized to that person.
A valid warrant contains information such as an explanation of probable cause, police affidavits, a specific description of the suspect, and an issuance from a judge. Affidavits explain the grounds on which the police are basing their assumptions – usually their own observations or information from witnesses. If the alleged arrest warrant does not contain this information.
Capias Warrant
A Capias warrant is a court issued detention order for either payment of fines or to compel you to make your scheduled court appearance. Capias warrants can be used in criminal, traffic, civil and family law courts.
A “Capias pro fine” warrant is issued when someone loses a judgement and doesn’t pay the restitution ordered by the court.
After a capias warrant is issued, your name is added to the law enforcement warrant database. Police usually do not immediately come to find you, but you can be detained any time police interact with you.
Once arrested, you’ll usually have to post bail before you can be released and given a new court date. If you previously posted bail, that bail is forfeited unless your criminal defense lawyer persuade the judge otherwise.
Writ of Bodily Attachment
A writ of bodily attachment (also referred to as “body attachment warrant” or “writ of body attachment”) is a court ordered warrant for civil arrest for civil contempt. Body attachment warrants are usually issued for failure to fulfill a civil court order.
The writ of bodily attachment is most commonly ordered for:
Failure to appear when ordered in civil court.
Failure to pay alimony or child support.
📖 To Schedule Discussion and Conversation:
👥 Calendar: https://bit.ly/Calendar-ChildSupport
📢 Email: Chrish289@protonmail.com
📝 Let's Connect On Social Media:
👍 Facebook: https://bit.ly/FB-ChildSupportMadeSmple
🐦Twitter: https://twitter.com/chrish289
📸 Instagram: https://www.instagram.com/chrish289/
✅ YouTube Video Link: https://www.youtube.com/watch?v=YeiwfslKzAo
❤️ Please Support This Channel:
PayPal
💎 $25 Donation OR any amount: https://bit.ly/ChildSupportMadeSimple
[Accept All Payments- MasterCard, Visa, Etc]
Cash.app
💎 Any amount: https://cash.app/$chrish289
Support the Show.
Login into our => https://childsupport.newzenler.com
STOP Capias Warrant
Email: Chrish289@proton.me
(c)Copyright, 2021-2030
-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+--+-+-+-+-+-++
Introduction:
In this episode we will discuss copious warrants and how to avoid going to jail for child support
as you know as you already know child support employs what is called their strategies for getting fathers or they labeled obligors to take their income through what is called income withholding and 75 of income withholding comes from a paycheck they employ certain procedures such as they'll take your federal and state income tax refund they'll also take your unemployment compensation any lottery winnings and settlement they'll even go after your retirement fund and your bank or institutional credit union that also you know surrenders your money in addition they'll take your driver's license when you cannot pay but the one strategy that they claim or the one determined that they use is called arrest for non-payment of child support and that's where we will go discuss in this episode now when you're arrested for non-payment of child support it's called a criminal non-support process and you can be incarcerated for up to 180 days or six months in jail and it is a criminal component even though they claim it's a civil process it is employed in all 50 states including district of columbia and it's a state issue a sustained process not a federal process so you're being arrested or put in a jail under state statutes
now the states that employ this mechanism this tool the most of course are the top five Texas california new york ohio and florida other states have also implemented as well but you'll see in our opinion the correlation between the arrest and the high collection of income
withholding the executive director for the child support program goes to congress and then reports that incarceration is their last resort for penalty for non-payment of support that is a lie it is their first tool that they use in their bag of tricks to take income from fathers we produced a video called it's legal for judges police clerks and attorneys to lie to you after
decision go right ahead and look at that uh video hello my name is chris and in this session let's explore the copious warrant that is used in the non-payment of child support and determine how you can use that to prevent from going to jail you can listen to us on your favorite podcast such as spotify apple or amazon we ask for donation to help us with our research and we take small amounts from whether it's paypal or cash up we ask for 25 gifts but we will accept any amount again is to assist us in our research so let's look at warrants and there are many cases from the supreme court that talks about warrant but let's start off with one called spinelli versus united states that's 1969. under the fourth amendment which is where warrants uh are discussed you need what is called probable cause and there are two requirements that the support the supreme court says one is that in order for you to get a warrant or an officer to get a warrant there must be an underlying circumstances that could be presented to an independent judge or magistrate second that the information that they received in order to get the warrant must be reliable
so let's look at what we call copious warrants we just heard about the definition for let's look at the copious warrants that's used in child support so here's a sample copy of a copious warrant on the screen
now the type of warrants coppice wants for non-payment is a different warrant from one for dna yes the child support agency issues a warrant compiles one for dna we have a video called get a warrant for my dna and custody you can review that in understanding that type of warrant so let's talk about what we call warrant less arrest a warrantless arrest is when an officer makes an arrest with insufficient information however let's go back to the definition of warrants in order for an officer to get a warrant it must satisfy certain criterias one it must name the person two it must sufficiently identify that person now what happens if an officer is making an arrest with an invalid or an insufficient warrant and for whatever reason that he
gets hurt or killed well the supreme court says the only thing that that victim can be charged with is manslaughter yes if an officer does not have a valid warrant then the person who in the attempt of the arrest hurts them the most you can charge them with is manslaughter and there are many case laws there's hail there's wilson there's burrows all discuss that
let's talk about glass warrants that's a term used for warrants that only exist on computers that is in the police car they'll go back and says let's check for warrant they don't have a physical warrant but they have one we believe in our research the glass warrant description starts off in alaska versus theodore glass for anyone out there that has a different reference point but we feel this is where it started please feel free to send us your questions so let's talk about the warrants under the fourth amendment the first criteria that warrants are issued by judicial officers next the warrant must be done by an independent person that submits the information to the judicial officer that person or officer must have what we call probable cause and next the judicial officer who receives that information should be an independent person so what are judicial officers well in many jurisdiction a judicial officer can be a magistrate which is someone who's not a judge and in some areas such as city of tampa or even texas in new york that person could be the deputy clerk yes that deputy clerk behind the counter in the clerk's office can sign those warrants the case law is cats versus united states or johnson versus united states or chadwick versus city of tampa so let's take a look at warrants versus copious okay the type of warrants well a copays warrant technically it's only issued for what is called appearance before the court but over the years it has as i said gain more um punishment so a copious warrant is a bodily attachment and in the child support world it's for unpaid child support and this satisfies the fourth amendment now the issuance of a warrant is not necessarily automatic but in some jurisdictions such as texas yes i like to pick on texas the dep the district clerk can issue the pious warrant in other words they can sign that warrant they're considered judicial officers you see how that works and we'll talk
more about that later next a copais warrant when it's first started off as it was not a criminal warrant but again through the years they have progressed it to make it a criminal arrest and the case law is wes versus cable uh 1984. the one thing for your first remedy when you are issued a copies warrant on a non-penal child sport is immediately asked for a trial by jury yes this is one of the remedy that you use in order to prevent from going to jail is trial by jury
so net let's look at contempt which is for non-payment and again it's usually less than six months or 180 days well in the case law bloom versus illinois it is our opinion in our research that every case for non-payment of child support you should ask for a war as for trial by jury now there are many areas in which the judges will say this is a civil matter and therefore you're not allowed for a jury trial in our research no you can't ask for it because they qualify under the statute so next can a deputy clerk or court or magistrate can issue a warrant remember the fourth amendment says it can be done by a judicial officer which most of the time it is a judge one in some jurisdiction the magistrate or the deputy clerk and the case laws townsend versus state 1968 texas and the texas constitution article 1 section 9 also lists the deputy clerk can issue warrants so we decided to look further into how is it that certain jurisdiction was able to move away from what we call judicial strategy of getting a warrant to now having your regular clerk well we looked at section 28 us code section 631 and it calls the appointment of magistrates so the judges of the district court as well as a match magistrate of those justice court they elect what is called judicial officers and those judicial officers can serve for up to eight years or up to four years part-time so this is the the criteria for a magistrate who is not a judge who is an attorney who is then classified as a judicial officer now here's where the conflict comes in we've done many videos on that says the child support agency is paying the clerks which includes the deputy clerk well that's a conflict of interest if a deputy clerk issues a warrant or signs a warrant because why they have a fiduciary responsibility to ensure well this is where we talked about that the copious warrant which is
similar to an arrest warrant whether it's a magistrate or a deputy clerk in some jurisdiction it doesn't matter and for you it's important that you understand which territory you're in because sometimes that warrant is issued by the deputy clerk who's considered a judicial officer instead of a judge so let's focus in on texas supremacy clause now we looked at texas a lot to find out how did texas was able to transition that a judicial officer who's not a judge who is an attorney that's elected for eight years can issue warrants and we found the case law it's called thousand versus state 1968 and in that ruling what they did was they were able to put within the legislators that deputy clerks can issue warrants a compliance warrant now remember a copais warrant prior to 1968 was just an arrest for you to come the court in the child support area they have now used it as a criminal tool to incarcerate you for 180 days now the the interesting thing about the the texas supreme court legislators that they must abide by the supremacy clause and they do in the thousand case it says if there's a discrepancy between the constitution united states and the conscientious texas the constitution always wins which is the supremacy clause
so here's the question what's another solution you could use to prevent from going to jail for non-pain of child support we talked about request a jury trial because a copious warrant meets the standards of a of a regular warrant under the fourth amendment
there's a case law called lang vs california and we'll talk more about that about what are some of the other remedies that you could use to prevent from going to jail for child support non-payment child support we also will continue this discussion on our master class which is our online course area we will add and we'll talk more about preventing from being arrested as
always the defense against the the officers of child support is how to defeat the motion and i said we will continue that discussions and all we're asking for is for everyone to subscribe to our channel yes this is a shameless plug but we're asking to subscribe to our channel and we will discuss how to defeat a 12b6 so this brings us to the end of how to avoid going to jail with a copais warrant thank you