Issa Elkhatib | June 16, 2025 | Criminal Defense
If you’re involved in a criminal case or investigation as a defendant in Ohio, you may hear about warrants being issued by the court. Warrants give law enforcement legal permission to take specific actions, such as arresting someone or searching property.
However, not all warrants are the same. Ohio law recognizes several different types of warrants, and each one serves a distinct purpose. Read on to learn more about how they work and how a lawyer specialized in criminal defense can help you fight back if you’ve been arrested.
What Is a Warrant?
A warrant is a legal document issued by a judge or magistrate. It authorizes law enforcement to take a particular action, such as conducting a search, seizing property, or making an arrest.
Warrants are typically based on a showing of probable cause, meaning there is a reasonable belief that a crime has been committed or that evidence of a crime exists.
If a warrant is issued against you or for your property, you have important legal rights. Working with an experienced defense attorney is the best way to ensure those rights are fully protected.
Common Types of Warrants in Ohio
Ohio courts issue several different types of warrants. Here are some of the most common ones you might encounter.
Arrest Warrants
An arrest warrant gives law enforcement permission to arrest a specific person and is often issued when:
- A person is charged with a crime
- A grand jury returns an indictment
To obtain an arrest warrant, prosecutors must show probable cause that the person committed a crime. Once issued, the warrant allows officers to arrest the individual wherever they are found.
Bench Warrants
A bench warrant is issued by a judge when someone violates a court order or fails to comply with court requirements, including:
- Failing to appear in court
- Ignoring a subpoena
- Violating the terms of probation
Bench warrants remain active until the person is taken into custody or appears before the court to address the issue. Although bench warrants are often issued for relatively minor violations, they can still lead to an arrest.
Search Warrants
A search warrant authorizes law enforcement to search a specific location for evidence of a crime. The warrant must clearly state either the place to be searched or the items or evidence sought.
In Ohio, search warrants must be based on probable cause and must be issued by a judge. Officers are required to follow strict procedures when executing a search warrant to avoid violating your Fourth Amendment rights.
Capias Warrants
A capias warrant is similar to a bench warrant and is often used when someone has been sentenced by the court but fails to appear for a required proceeding, such as sentencing or jail reporting.
A capias warrant directs law enforcement to take the person into custody and bring them before the court. Failing to address a capias warrant can lead to additional penalties.
Fugitive Warrants
A fugitive warrant is issued when someone is wanted in another state and believed to be in Ohio. This type of warrant allows Ohio law enforcement to arrest the person and return them to the state where they are wanted.
Fugitive warrants are often used in extradition cases and can involve complex legal issues across state lines.
Contact a Cleveland Criminal Defense Lawyer at The Elkhatib Law Office for a Free Consultation
If a warrant has been issued against you or you are concerned about a warrant in your case, it is critical to seek legal advice right away. Warrants give law enforcement powerful tools, but they must still follow the law when executing them. Contact a trusted Cleveland criminal defense lawyer at The Elkhatib Law Office today to get started with a free initial consultation.
The Elkhatib Law Office
2012 W 25th St #501,
Cleveland, OH 44113
(216) 334-3444
