What is a Bench Warrant in Ohio?
The majority of Ohio citizens with a bench warrant or alias capias warrant out for their arrest did not fail to appear in court on their assigned date and time due to a wanton disregard for the law; rather, the failure to appear most likely occurred due to forgetfulness, a valid excuse, or a strong fear and/or misunderstanding of the Ohio legal process. Sometimes arrest warrants are issued by mistake when the alleged offender did make arrangements and there was communication failure or a paperwork mix-up in the court office. Whatever the reason, having a warrant out for your arrest is never a good thing. Working with an experienced criminal lawyer in Columbus to bring your warrant to resolution puts your failure to appear in a more favorable light.
Ohio Arrest Warrant Attorney Near You
Even if you live out of state or happen to move out of state while your bench warrant or alias capias warrant is active, it is important to understand that these warrants do not simply disappear. Whether it’s a bench warrant issued for failure to appear in court or an alias capias warrant, the situation does not resolve on its own. Waiting for an arrest to take care of your warrant rarely works in your favor. In some cases, such as failure to appear for sentencing, it can even backfire, as the judge may view you as a flight risk.
It’s always best to act quickly and work with a skilled criminal defense lawyer to resolve your bench warrant or alias capias warrant as soon as possible. An experienced attorney can help mitigate the legal consequences, negotiate bail, or potentially get the warrant recalled. Whether you are dealing with a bench warrant or alias capias warrant in Franklin County, Pickaway County, Madison County, Delaware County, Licking County, or Fairfield County, the criminal defense attorneys at Joslyn Law Firm in Columbus are prepared to help. Their expertise in criminal law and courtroom experience allows them to handle your case efficiently, aiming for the best possible outcome. Call today to schedule your free case consultation and learn what Joslyn Law Firm can do for you and your outstanding warrant.
Ohio Warrant Types for Failure to Appear
There are many reasons in Ohio you may be summoned to appear in court. Traffic tickets and some municipal offenses have court dates, as well as steps in the Ohio criminal process for misdemeanors and felonies like arraignments and sentencing. Failure to appear in court on this date and time or make arrangements to change the date and time beforehand will result in your case’s presiding judge issuing a bench warrant for your arrest. Generally for things like traffic infractions and nonviolent misdemeanors, the arrest will occur if you are stopped by a law enforcement officer for another reason, and you will then be taken to Franklin County jail where you will have to post bond before being released.
What is A Capias Warrant in Ohio?
An alias capias warrant is a bench warrant specifically for an individual charged with a felony that fails to appear in court in Ohio, including Franklin County or the surrounding areas. An alias capias warrant is more likely to involve an active search for you to bring you to court, though this is not always the case. Once arrested on an alias capias warrant in Ohio, you most likely will not be able to post bond. You might be wondering , ‘how long do you sit in jail for a capias warrant?‘ Typically if you are arrested under a capias warrant in Ohio you will be required to stay in jail until your new court date. However, an experienced criminal defense lawyer in Columbus can work to resolve your warrant before your arrest, or work with the judge for a more lenient bond while you are in jail.
Bench Warrant and Alias Capias Consequences in Ohio
There are other reasons for a failure to appear in Ohio besides blatantly and intently not showing up. It is a common occurrence in bench warrants for minor offenses to simply forget about your court date, or get so busy that it simply passes you by before you do anything about it. In other cases, there was a legitimate reason that prevented you from appearing like a family emergency. No matter the reason for your failure to an appear, if there is a bench warrant or alias capias warrant out for your arrest, you may be arrested at anytime, anywhere, in any number of publicly embarrassing situations Warrants also show up on background checks and driver’s license checks across the nation. So even if you live out of Ohio, the warrant will follow you to your home state. A warrant on a background check could make you appear unreliable and dishonest to potential creditors, employers, and landlords. Since it is also attached to your driver’s license, any officer that runs your license as a part of a routine stop will be obligated to arrest you on the spot. Once you are arrested, you could immediately face other consequences including mandatory jail time, expensive bonds, and court fines. Contacting an experienced criminal lawyer in Franklin County to help resolve your warrant before the arrest happens may help your case.
Active Resolution of a Franklin County Warrant
An arrest is not the only way to resolve an outstanding bench warrant or alias capias warrant in Franklin County – nor is it the most favorable way. Taking the proactive approach and surrendering yourself or working with an experienced Columbus defense lawyer as a legal mediator between you and the court system often puts you in a more favorable light with the judge, and may open up resolution opportunities that don’t involve jail time. Some of the resolution options a qualified attorney can help you with include:
- Whether a self-arrest program such as Surrender Safely will be occurring soon, or exists inherently for cases like yours
- Surrendering to the police and your subsequent initial appearance before the judge
- Appearing in court with your attorney to file a motion to surrender as well as petition the judge for a favorable release solution
- Submit an emergency bond motion for the reduction of your bond amount due to exigent circumstances
- Submit a motion to the court to withdraw a bench warrant or alias capias due to an inadvertent or unintentional failure to appear
Making specific arrangements with your Franklin County criminal attorney before negotiating any form of warrant resolution can result in more favorable outcomes. Simply avoiding your warrant will most likely not garner any sympathy from the court, as it makes you look like an offender on the run. Resolving your warrant as soon as possible is usually the best solution.
Speak With a Bench Warrant Resolution Lawyer in Columbus, OH
If you have a bench warrant out for your arrest in Ohio, whether it be Columbus, Grove City, Westerville, Lancaster, Springfield, Reynoldsburg, Delaware, Dublin, or the surrounding areas, it is best for you to actively resolve it as soon as possible. The Franklin County criminal defense lawyers of Joslyn Law Firm will work directly with you to develop a warrant resolution strategy that aims for a favorable outcome. Your first consultation is free, so call (614) 444-1900 today.
