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.
