2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2935 | Arrest, Citation, and Disposition Alternatives › Section 2935.10 | Filing of Affidavit or Complaint Procedure.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Upon the filing of an affidavit or complaint as provided by section 2935.09 of the Revised Code, if it charges the commission of a felony, such judge, clerk, or magistrate, unless the judge, clerk, or magistrate has reason to believe that it was not filed in good faith, or the claim is not meritorious, shall forthwith issue a warrant for the arrest of the person charged in the affidavit, and directed to a peace officer; otherwise the judge, clerk, or magistrate shall forthwith refer the matter to the prosecuting attorney or other attorney charged by law with prosecution for investigation prior to the issuance of warrant.
(B) If the offense charged is a misdemeanor or violation of a municipal ordinance, such judge, clerk, or magistrate may:
(1) Issue a warrant for the arrest of such person, directed to any officer named in section 2935.03 of the Revised Code but in cases of ordinance violation only to a police officer or marshal or deputy marshal of the municipal corporation;
(2) Issue summons, to be served by a peace officer, bailiff, or court constable, commanding the person against whom the affidavit or complaint was filed to appear forthwith, or at a fixed time in the future, before such court or magistrate. Such summons shall be served in the same manner as in civil cases.
(C) If the affidavit is filed by, or the complaint is filed pursuant to an affidavit executed by, a peace officer who has, at the officer's discretion, at the time of commission of the alleged offense, notified the person to appear before the court or magistrate at a specific time set by such officer, no process need be issued unless the defendant fails to appear at the scheduled time.
(D) Any person charged with a misdemeanor or violation of a municipal ordinance may give bail as provided in sections 2937.22 to 2937.46 of the Revised Code, for the person's appearance, regardless of whether a warrant, summons, or notice to appear has been issued.
(E) Any warrant, summons, or any notice issued by the peace officer shall state the substance of the charge against the person arrested or directed to appear.
(F) When the offense charged is a misdemeanor, and the warrant or summons issued pursuant to this section is not served within two years of the date of issue, a judge or magistrate may order such warrant or summons withdrawn and the case closed, when it does not appear that the ends of justice require keeping the case open.
(G)(1) Any warrant issued for a tier one offense shall be entered, by the law enforcement agency requesting the warrant and within forty-eight hours of receipt of the warrant, into the law enforcement automated data system created by section 5503.10 of the Revised Code, and known as LEADS, and the appropriate database of the national crime information center (NCIC) maintained by the federal bureau of investigation.
(2) All warrants issued for tier one offenses shall be entered, by the law enforcement agency that receives the warrant with a nationwide extradition radius, into the law enforcement automated data system created by section 5503.10 of the Revised Code, and known as LEADS.
(3) If a law enforcement agency discovers that a warrant entered pursuant to section (G)(1) of this section into the law enforcement automated data system and the appropriate database of the national crime information center (NCIC) maintained by the federal bureau of investigation was entered in error, the law enforcement agency shall remove the warrant from the law enforcement automated data system and the appropriate database of the national crime information center (NCIC) maintained by the federal bureau of investigation within forty-eight hours following the discovery of the error.
(4) If a warrant is entered pursuant to division (G)(1) of this section into the law enforcement automated data system and the national crime information center (NCIC) maintained by the federal bureau of investigation, a law enforcement agency shall remove the warrant from the system and center within forty-eight hours of warrant service or dismissal or recall by the issuing court.
Last updated August 28, 2023 at 12:47 PM