A warrant is a type of legal document signed by a judge that authorizes law enforcement to arrest someone for a crime. In order to issue a warrant, police must present probable cause that a person committed a crime.
If you have a warrant out for your arrest in Ohio, you should contact a lawyer as soon as possible. A warrant is not the same as a conviction, and doesn’t automatically mean you are guilty of anything.
An experienced Cleveland criminal defense lawyer can explain your legal rights, review your options, and help you address the warrant.
How a Warrant Works in Ohio
A warrant is a court order that allows law enforcement to take a specific action, such as arresting a person or searching a property.
When police believe they have probable cause that someone committed a crime, they present their evidence to a judge or magistrate, who must then sign off on the warrant. Once the warrant is signed, the police have the legal authority to take the requested action.
There are two main types of warrants that authorize the police to physically detain a person:
- Arrest warrant. An arrest warrant is issued when police believe someone committed a crime. An arrest warrant authorizes police to locate and arrest the person named in the warrant. Once you are arrested, the police will continue with criminal proceedings.
- Bench warrant. A bench warrant or Failure to Appear (FTA) warrant is issued when you fail to show up for a court date or other mandatory judicial appointment. Police may not actively search for you on a bench warrant, but they will arrest you if they encounter you under other circumstances, like a traffic stop.
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The Role of Probable Cause in Warrants
The police can only secure an arrest warrant if they present sufficient probable cause. “Probable cause” is a legal term meaning the police have reasonable grounds to accuse you of a crime. If the judge determines that probable cause exists, they can sign the warrant.
Probable cause requires more than a simple suspicion and must be backed up by objective material evidence, not speculation. Evidence that could establish probable cause may include the following:
- Direct observations by the police or K-9 units
- Testimony from a credible eyewitness
- Information interpreted using an officer’s training and experience
- Third-party information
- Physical evidence of the suspect being at the crime scene
- Admissions or statements from the suspect
Probable cause is context-dependent and must be assessed on a case-by-case basis. If there is no probable cause for a warrant, an attorney may challenge the warrant or seek to suppress evidence obtained through it.
What Happens If I Am Arrested on a Warrant?
Once you get arrested on a warrant, the police will take you to the nearest station for booking and processing. They will take photos, fingerprints, and personal information and confiscate your possessions.
From there, the police will hold you in detention until a hearing with a judge. There, a judge will decide whether to release you on bond or keep you in jail until trial.
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How Do I Know If I Have a Warrant Out for My Arrest in Ohio?
Law enforcement generally doesn’t notify individuals there is a warrant out for their arrest to avoid suspects fleeing. If you want to check if you have an outstanding Ohio arrest warrant or bench warrant, you can check with the clerk of court in the county where the case may have been filed.
However, not all warrants are public information. If you are unsure whether there is a warrant out for you, you can talk to a criminal defense attorney. They can search databases and help you understand the nature of the charges against you.
You may also be able to find a warrant by searching online through the Department of Public Safety’s eWarrant search tool, depending on the county. Note that not all warrants in the state may be updated to the digital database.
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How to Deal With an Arrest Warrant in Ohio
One common way to address an arrest warrant in Ohio is to address it directly by finding a criminal defense attorney and arranging a voluntary surrender. By surrendering, you will be avoiding a surprise arrest and showing good faith.
Warrants don’t expire, so you won’t be able to wait out the clock to fix the problem. The prosecution is more likely to be lenient on someone who voluntarily presents themselves to law enforcement. After surrendering, you and your attorney can address the underlying issue leading to the warrant.
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A warrant is a serious criminal matter and should not be ignored. By dealing with a warrant promptly and responsibly, you can improve your chances of resolving the matter effectively.
If you have any more questions about Ohio arrest warrants, contact HMW Law—Ohio Trial Attorneys to learn more.
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