Is a Capias Mittimus a Civil or a Criminal Process?
The question of whether a capias mittimus is civil or criminal process was the subject of a prior Opinion. That Opinion, rendered pursuant to a request from the Commissioner of Social Services in 2000, contains an extensive, historically based and clear analysis of the several factors that distinguish civil and criminal arrest process. It concludes that, Connecticut law clearly distinguishes between civil arrests and criminal arrests. The distinguishing characteristic of a criminal arrest is that it results in a person being charged with an offense for which a sentence of incarceration for a definite term and/or a fine may follow. A civil arrest merely brings a person to court to testify or to respond to a civil claim. It seems clear to us, under this analysis, that a capias is civil process. (Emphasis added). Opinion of the Attorney General, No. 2000-010 (March 7, 2000). There have been no developments since the referenced prior Opinion that would change its conclusion. Does the State