Mansfield, OH asked in Criminal Law for Ohio

Q: How can you get a warrant cleared

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1 Lawyer Answer
Marcus A. Ross
Marcus A. Ross
  • Criminal Law Lawyer
  • Columbus, OH
  • Licensed in Ohio

A: Sir/Maam,

If this is an arrest warrant it can be set aside/cleared by making an appearance with Counsel who can make a request (with the prosecutor present) for the Judge to set the warrant aside. (You can show up by yourself but typically retaining counsel will allow your Attorney to reach out to the prosecutor's office to obtain their position on setting the warrant aside)Typically here in Franklin County, Ohio the prosecutors are willing to set aside traffic warrants on misdemeanor cases such as driving without a valid license, driving without insurance, speeding, running a red light/traffic control device violation, etc. without objection. However for arrest warrants on acts of violence (Domestic Violence, Assault, etc.) prosecutor's typically want the person to be taken into custody if the initial charges are filed on a warrant. On felony matters here in Franklin County charges are presented to the Grand Jury prior to indictment and you are typically required to be taken into custody, then a preliminary hearing is scheduled prior to the arraignment court date in which a bond is set for the case. So in a nutshell depending on the nature of the offense and the circumstances in which you either missed your initial appearance in court(arraignment court date) or a subsequent court date, the Judge may or may not be willing to set the warrant aside and give you a new court date. This decision by the court is based on the type of offense (violent or non violent, traffic, etc.), degree of offense (misdemeanor or felony), etc. Please be advised that on felony cases in Franklin County once the case has been arraigned and assigned to a Judge the Defendant's failure to appear will result in him/her being indicted/formally charged with a Failure to Appear (5th Degree Felony) capias/warrant charge.

Respectfully submitted,

Marcus A. Ross

Attorney at Law

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