An arrest warrant can be issued in the state of Ohio in three scenarios; when the court orders that such a directive be issued, if the prosecuting attorney files a motion after the indictment against an accused has been returned and when an affidavit is filed in court. This is done in accordance with Ohio Code 2941.36.
This section of Ohio's criminal law further states that when the order is directed at the sheriff of the county in which the complaint was filed or the indictment was found, the sheriff of this area will be legally bound to commit the accused to custody and present him before the court.
A magistrate who is authorized to issue active warrant can authorize the service of a warrant to be done through electronic means. So, in Ohio arrest warrants are routinely sent to the appropriate law enforcement agency through fax, telegraph, teletype, etc.
Pursuant to Ohio Penal Code 509.10, arrests can be made on view as well as under a warrant. On view simply means that if a criminal act is committed in front of a police officer, he is legally required to take the perpetrator into custody even though a warrant is not available in this person's name.
Similarly, when an agent of the law finds that a warrant exists in the name of an individual, he is legally bound to arrest this person even if the officer does not have the warrant on him while making such arrests. In fact, a law enforcement agent is obligated to bring in all disturbers, felons and violators of state laws before the court. Additional duties of police officers under this legal section include suppressing unlawful assemblies and riots while keeping peace in the area.
When a person is apprehended under the provisions of an outstanding warrant, he is taken to the court of the magistrate at the earliest available opportunity. While the wait period between custodial detention and the bail hearing seldom goes beyond 48 hours, how soon the arrestee is presented before the judge will depend on the schedule of the tribunal.
In case of misdemeanor or ordinance violations, if the court is not in session, the accused can be taken before the clerk of court as per sections 2937.22 to 2937.46. At this point bail may be granted to this individual. In case the arrest is made outside of the issuing county, the alleged offender shall be taken to the most convenient magistrate's court or the office of the clerk of court.
Ohio arrest warrants are but only one of the types of legal instruments available at the disposal of a tribunal. Typically, search warrants, subpoenas, summons and bench warrants are also frequently used to ensure the smooth flow of information throughout the trial, to ascertain that the victim and the community are not put at risk and to make sure that the accused is not given a chance to abscond.
In keeping with the fact that judicial orders can also be issued to bring in information or parties that hold such details in front of the tribunal, in Ohio arrest warrants are also issued against witnesses who fail to show up in court in response to a subpoena.
A warrant search can only be conducted in Ohio by law enforcement agencies and employers who meet certain statutory requirements. If you are a civilian interested in finding arrest records and outstanding warrants related data, you will need to approach private vendors of crime history information.
However, if you need to get a personal background report as a requirement for employment, you can get in touch with the office of the clerk of court, the attorney general's office, the sheriff's department or the court of the magistrate.
Of these, the county clerk's department will also be able to help you in finding non-criminal case and court records. Because this agency prepares and keeps the court dockets, you can find a range of information through them. In contrast, if you go through the office of the sheriff, you will also be able to take a look at the most wanted list for the area while you wait for the results of your background inquiry.
Through the site of the attorney general, you can connect with the Bureau of Criminal Identification which handles the management and dissemination of crime history data. At this point, the BCI only allows finger print inquiries. You can find details on approved fingerprinting locations as well as on how to submit this information to the agency at http://www.ohioattorneygeneral.gov/Services/Business/WebCheck. Alternatively, you can get in touch with the office by writing to them at:
Ohio Bureau of Criminal Identification & InvestigationPO Box 365London, OH 43140(740) 845-2000