Q: How can you get a warrant cleared
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.
Marcus A. Ross
Attorney at Law
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.