What does Alias Writ of Arrest Mean?
A writ of arrest, also known as a civil arrest warrant, is an order issued by a court that authorizes law enforcement to take an individual into custody for non-criminal purposes. An alias writ of arrest is an amended version of a writ of arrest that is issued after the original writ has failed to result in the arrested person’s capture. In this article, we will delve into the world of writs of arrest, exploring what they mean, how they work, and the implications of alias writs of arrest.
What is a Writ of Arrest?
A writ of arrest is a legal document that serves as a court order allowing law enforcement to take someone into custody for a variety of reasons. These include:
• Failure to pay debts or court-ordered judgments
• Violating a court order or subpoena
• Contempt of court
• Non-support of a dependent
• Violating a protective order
How Does a Writ of Arrest Work?
When a court issues a writ of arrest, it is typically served on the individual named in the writ. This can occur in various ways, such as:
• In person, by a law enforcement officer or a process server
• By mail or certified mail
• Online, through electronic service of process
Once the individual is served, they may be taken into custody immediately or given a specific period of time to comply with the court’s order.
What is an Alias Writ of Arrest?
An alias writ of arrest is issued when the original writ of arrest has failed to result in the arrested person’s capture. This can occur for several reasons, such as:
• The individual was served with the original writ, but failed to comply
• The individual was able to evade capture or resist arrest
• The law enforcement agency was unable to locate the individual
When an alias writ of arrest is issued, it replaces the original writ and:
• Extends the timeframe for the individual to comply with the court’s order
• May specify a new location or method for serving the writ
Key Differences between Alias and Original Writ of Arrest
The key differences between an alias writ of arrest and the original writ of arrest are:
Alias Writ of Arrest
• Extension of time: The alias writ of arrest typically extends the timeframe for the individual to comply with the court’s order.
• Amended service: The alias writ of arrest may specify a new location or method for serving the writ.
Original Writ of Arrest
• Initial attempt: The original writ of arrest is the first attempt to capture the individual.
• Fixed time frame: The original writ of arrest typically has a fixed time frame for compliance.
Implications of Alias Writ of Arrest
The issuance of an alias writ of arrest has significant implications for the individual named in the writ and the court. These include:
• Extension of time: The individual named in the alias writ of arrest has more time to comply with the court’s order.
• Risk of further legal action: Failure to comply with the alias writ of arrest can result in further legal action, including fines and/or imprisonment.
• Increase in legal costs: Issuing an alias writ of arrest can result in increased legal costs for the plaintiff and the court.
Conclusion
In conclusion, an alias writ of arrest is an amended version of a writ of arrest issued when the original writ fails to result in the individual’s capture. Understanding the differences between alias and original writs of arrest, as well as the implications of alias writs, is crucial for individuals, law enforcement, and courts. By examining the rules and procedures surrounding writs of arrest, we can better navigate the complex world of civil arrest warrants.
