2 Questions

[carterscutie85]

In Ohio, what makes a warrant "summonsable?"
And my second question is, can someone file a police report on you for domestic violence if they have a mark, then go downtown and file charges and put a warrant out for your arrest, without the police ever talking to you directly?
I'm asking because my little sister got into an argument with her boyfriend, and she left to cool off. While she was gone, he called the police on her and said she assaulted him even though she did not. He supposedly had a "mark" of some sort he showed them. She says that as she was returning to her apartment, she seen the cops pulling away and her boyfriend (Now her ex thank God) was following the cruiser. He then called her the next day and told her that he went downtown with the officer and pressed charges on her and put a warrant out for her arrest for assaulting him which is a misdemeanor of the 4th degree charge. The police never talked to her the day it happened, and it's been 4 months and she has not heard anything from anybody about having a warrant, besides her ex saying she has one. Now I myself have heard about being "summoned" to court when someone have a warrent. Could she possibly be summoned so she doesn't have to spend the night in jail if she even has a warrant?

 

[The Occultist]

I'm not sure what you mean by summonsable. If it's an arrest warrant, the police will arrest you. If it's a search warrant, the police will arrest you after they found whatever contraband they're looking for.

People cannot issue warrants. Police cannot issue warrants. Only a judge may issue a warrant.

 

[carterscutie85]

I mean summonsable, as in the police can write you a summons to come to court. I have heard of it happening before. Like say if you have a warrant and are pulled over, but you have no drugs or w/e, and are not giving the cop a hard time. When they do a warrant check, they can sometimes write you a summons instead of taking you to jail b/c you were being cooperative and they are cutting you a break for cutting them a break. I just had a question as to what kinds of warrants can be summonsable and what kind can't.

As far as issuing a warrant, I myself had filed a police report on a neighbor for threatening me which was a midemeanor, then I went downtown to press charges. I went to the prosecutors office and I had to raise my right hand and swear that I was telling the truth. Then a warrant was isssued for her arrest and they came to her house a few months later and got her because I had called them on a noise complaint for her and they did the warrant check and took her in. I understand that with a midemeanor they don't come searching for you so I know that that's why they haven't come for my sister IF she even has one. But my case and my sister's are different because the police actually talked to my neighbor before I put the charges on her, but they never talked to my sis. I was just wondering if her ex could have actually went down and filed the charges and do what I did with my neighbor without the police talking to my sister.

 

[outonbail]

It would only take a minute or two to call the police department and ask.

 

[seniorjudge]

Very simply, a warrant is a court order telling the cops to search some place or bring you to court.

A summons is like a traffic ticket. The cops don't latch on to your body.

 

[seniorjudge]

...In Ohio, what makes a warrant "summonsable?" ....

In other words, this question makes no sense.

 

[FlyingRon]

In other words, this question makes no sense.

Then I suggest the Chewbacca defense.

 

[The Occultist]

Then I suggest the Chewbacca defense.

HA! Oh my...