In latin, the word mittimus translates to “we send.” In legal terms, mittimus is defined as a court warrant that orders a law enforcement officer to legally deliver a person. In simple terms, you can think of a mittimus as an arrest warrant signed by a judge that legally authorizes law enforcement to take a person that is suspected of committing a crime into custody.
Although the person that is suspected of a crime is not considered guilty of the crime of which they are accused at the time a mittimus is executed, the mittimus still allows law enforcement to arrest the individual and detain them by force of law.
As such, when the term convict mittimus, mittimus issued, mittimus order, or mittimus warrant is used, all of the terms are being used to refer to an arrest order that is issued by the court or judge that orders law enforcement to find, arrest, and detain an individual. Specifically, convict mittimus is a mittimus that is ordered when an individual has been convicted of a crime and ordered to spend time in prison.
A mittimus charge is the legal document that authorizes law enforcement to execute on the mittimus order, charging law enforcement with finding and arresting the individual named in the order.
What Is the Definition of Mittimus?
In criminal law, a mittimus is defined as a precept in writing under the seal of the justice of the peace or competent officer that directs law enforcement to find and deliver a person that has been charged with a criminal offense to the jail.
A mittimus also contains directions to the jailer or other appropriate court official to receive and safely keep the person charged with the crime until the time that their case may be heard in accordance with the due course of law. In other words, the mittimus also authorizes a jailer to keep the person brought in on the mittimus.
It is important to note that the term mittimus may also refer to the record of a conviction or acceptance of a guilty plea adopted as an order of the court for an individual where the court has laid out the person’s criminal punishment. In other words, the mittimus outlines the specifics of a criminal offender’s sentence. Serving time on mittimus then includes the time from which the person is detained by law enforcement, until the time in which the person is either criminally prosecuted or released from custody.
What Happens After the Arrest?
Once again, the mittimus is the legal document that authorizes law enforcement to bring a person accused of a crime into custody. After a person has been brought into custody, the individual suspected of committing the crime is generally brought to the police station and “booked”, or entered into the police system. The booking process most commonly includes gathering personal information from the suspect, taking their fingerprints, and confiscating any personal property that they may have on their person.
After the booking process, the suspect is then generally placed into a holding cell. From that point the individual will be taken to their arraignment. The arraignment is the first court proceeding in a criminal case where the judge reads the criminal charges being brought against the person, and asks them if they have an attorney. If they do not, they do have a right to an attorney.
Additionally, the judge will ask the individual at their arraignment to enter their plea, which is usually: guilty, not guilty, or no contest. Further, future proceedings, such as the preliminary hearing and the trial, may be scheduled during a person’s arraignment.
Finally, after the arraignment stage, if there is no plea bargain taken, a preliminary hearing will be held. At that point, the judge will consider the prosecution’s evidence and determine whether or not there is sufficient evidence to charge the defendant with the crime.
What Is a Mittimus Judgment?
It is important to note that in some jurisdictions a mittimus judgment is the document that directs law enforcement to present a person already convicted of a crime to a prison for incarceration. After those mittimus arrests, a person will then begin to serve their criminal sentence that was issued at the criminal sentencing phase of their criminal trial.
As such, a mittimus judgment may also be referred to as an after trial mittimus, as the mittimus is executed after the criminal trial phase and sentencing phase. The order then authorizes law enforcement to transport the person convicted of the crime to the department of correction in that jurisdiction, or whatever jurisdiction the person is to be imprisoned in.
Can a Mittimus Be Issued For Me If I Have Not Committed a Crime?
In short, yes. As mentioned above, a mittimus can be utilized similar to an arrest warrant where it authorizes law enforcement to arrest an individual suspected of committing a crime. Additionally, a mittimus may also be used in civil court.
For instance, a judge may issue a mittimus for a person who is not in compliance with a child support order, that authorizes law enforcement to arrest and imprison the person in relation to the violation of the court order. Then the person will remain in police custody until the time that they appear at a child support enforcement hearing.
Is a Mittimus the Same as a Capias?
Once again, yes. The term “capias” is the same as a mittimus, as it is a warrant that is issued that directs local law enforcement to deliver a person before the court. After an arrest is made pursuant to a capias, the person then remains in jail until their court hearing. Numerous people often have a capias out for their arrest for legal issues such as failing to pay child support, failing to appear in court, or for violating another court order.
Will the Mittimus Expire?
In short, no. A mittimus will not expire due to the passage of time. As an arrest warrant, a mittimus will remain in full force and effect until the person that is named in the mittimus is arrested and imprisoned pursuant to the mittimus.
This means that until the time at which law enforcement, jailer, and prosecution execute their duties under the mittimus order, the person that is named in the mittimus will continue to be subject to being arrested due to the mittimus. The individual named in the mittimus may also voluntarily present themselves to the jail in order to have the mittimus executed. Once the person is imprisoned, then the mittimus will have been fulfilled and will no longer be active.
Should I Talk to an Attorney About Mittimus?
If you have been arrested or imprisoned as the result of law enforcement executing a mittimus, it is important to immediately consult with an experienced criminal defense attorney. An experienced criminal defense attorney will be able to review the mittimus to determine if your arrest and detention were lawful.
If you are then charged with a crime an experienced attorney will be able to help you build your best legal defense, as well as assert any applicable legal defenses which may lessen the charges brought against you, or have the charges dismissed altogether. Finally, an attorney will also be able to represent you at any in person criminal proceedings.
