Posted on Friday, February 20th, 2026 at 12:00 pm
If you’re facing an arrest warrant in Ohio or want to understand your rights, knowing the role of probable cause is essential. Probable cause is the legal foundation that allows law enforcement and judges to issue arrest warrants, and understanding how it works can help you protect your constitutional rights. This guide explains what probable cause means, how arrest warrants are issued in Ohio, and what steps you should take if you’re facing a warrant. For experienced legal representation, Moermond & Mulligan, LLC provides criminal defense services throughout Cincinnati and Dayton.
Why Choose Moermond & Mulligan, LLC for Arrest Warrant Defense
When you’re facing an arrest warrant, you need a criminal defense team with real experience and proven results. Moermond & Mulligan, LLC brings over 50 years of combined criminal defense experience to every case. L. Patrick Mulligan is a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy, and Brad Moermond is recognized as a National Trial Lawyer Top 40 Under 40. Both founders served as prosecutors in the Montgomery County Prosecutor’s Office, giving them insider knowledge of how law enforcement and prosecutors build cases.
Our team handles arrest warrant cases with discretion and focuses on protecting your rights from the moment you contact us. We’ve helped clients throughout Cincinnati and Dayton navigate warrant situations, challenge invalid warrants, and achieve favorable outcomes. When you call (513) 421-9790, you’re speaking with attorneys who understand both sides of the criminal justice system and know how to defend your case effectively. View our case results to see how we’ve helped clients facing similar situations.
What Is Probable Cause?
Probable cause is the legal standard that allows police officers and judges to take action against someone suspected of a crime. It means there are reasonable grounds to believe that a person has committed, is committing, or is about to commit a crime. This is more than just a hunch or suspicion—it requires actual facts and circumstances that would lead a reasonable person to believe criminal activity occurred.
The Fourth Amendment to the U.S. Constitution protects you against unreasonable searches and seizures, and probable cause is the key requirement that makes an arrest reasonable. Without probable cause, an arrest warrant is invalid, and any evidence obtained from that arrest may be thrown out of court. Ohio law requires judges to find probable cause before issuing an arrest warrant, a requirement established by the Ohio Supreme Court.
How Arrest Warrants Are Issued in Ohio
In Ohio, an arrest warrant is issued by a judge or magistrate after law enforcement files an affidavit requesting the warrant. The affidavit contains the facts and evidence that law enforcement believes show probable cause that someone committed a crime. The judge reviews this affidavit and decides whether probable cause exists. Crucially, the judge is limited to the ‘Four Corners’ of that document. If the officer didn’t write enough facts on that specific paper to prove a crime happened, the warrant can be challenged as invalid—even if they have other evidence they forgot to include.
If the judge finds probable cause, they sign the arrest warrant, which authorizes law enforcement to arrest the person named in the warrant. This process is primarily governed by Ohio Criminal Rule 4 and Ohio Revised Code Chapter 2935. The warrant must include specific information, such as the defendant’s name, the offense charged, and the applicable statutes. Once issued, the warrant remains active until the person is arrested or the warrant is recalled by the court. If you believe a warrant may have been issued against you, contact Moermond & Mulligan, LLC immediately for a criminal police investigation defense consultation.
What Evidence Supports Probable Cause?
Judges can base their probable cause finding on various types of evidence. This includes witness statements, physical evidence, police observations, and even hearsay statements from informants or other sources. Ohio law allows hearsay to be used in determining probable cause, as long as there is a substantial basis for believing the source of the hearsay is reliable.
The key is that the evidence must give the judge reasonable grounds to believe a crime occurred. This doesn’t require proof beyond a reasonable doubt—the standard used at trial. Instead, it’s a lower threshold that simply requires enough facts to make it reasonable to believe criminal activity happened. Law enforcement can present circumstantial evidence, and the judge can draw reasonable inferences from the facts presented. Understanding how judges evaluate evidence is critical when challenging arrest warrants.
Your Fourth Amendment Rights
The Fourth Amendment protects you against unreasonable seizures, and an arrest is a seizure under the law. This means that even if a warrant exists, it must be based on probable cause to be constitutional. If police arrest you based on a warrant that lacks probable cause, that arrest violates your Fourth Amendment rights.
You have the right to challenge an arrest warrant in court. If your attorney can show that the warrant was issued without probable cause, the warrant can be declared invalid. Additionally, if law enforcement violated your rights during the arrest process—such as using excessive force or searching you without consent—those violations can be challenged in court. Understanding these protections is crucial when facing criminal charges. Our criminal defense attorneys have extensive experience challenging invalid warrants and protecting clients’ constitutional rights.
What Should You Do If You’re Facing an Arrest Warrant?
If you believe there’s an arrest warrant for you, taking immediate action is critical. First, contact a criminal defense attorney right away. An attorney can verify whether a warrant exists, explain your options, and help you decide the best course of action. Ignoring a warrant only makes your situation worse and can result in additional charges.
You have options when facing a warrant. You can voluntarily surrender to law enforcement with your attorney present, which often results in better treatment and allows you to address the warrant on your terms. Your attorney may file a motion to recall or set aside the warrant. While ‘quash’ is the formal legal term for invalidating a warrant based on defects, in many Ohio municipal courts, we often file a ‘Motion to Recall Capias’ to get you a new court date without you having to go to jail first. The sooner you act, the sooner you can begin resolving the situation. Call (513) 421-9790 today to discuss your case with an experienced criminal defense attorney at Moermond & Mulligan, LLC.
Frequently Asked Questions
Can an arrest warrant be issued without probable cause?
No. Ohio law and the Fourth Amendment both require that arrest warrants be based on probable cause. If a warrant is issued without probable cause, it is invalid, and any arrest made under that warrant violates your constitutional rights. An invalid warrant can be challenged in court, and evidence obtained from an illegal arrest may be excluded from trial. Our Cincinnati criminal defense team can help you challenge an invalid warrant.
What happens if police arrest me without a warrant?
Police can arrest you without a warrant in certain situations, such as when they witness a crime or have probable cause to believe you committed a felony. However, if the arrest is made without a warrant, the law requires that probable cause be established quickly—typically within a reasonable time after the arrest. If police cannot establish probable cause, you may be released, and charges may be dropped. Learn more about police investigation procedures and your rights.
Can I challenge an arrest warrant?
Yes. Your attorney can file a motion to quash the warrant if it was issued without probable cause or if other legal defects exist. This motion asks the court to declare the warrant invalid. If the motion is granted, the warrant is recalled, and you cannot be arrested under that warrant. Challenging a warrant is an important way to protect your rights. Moermond & Mulligan, LLC has successfully challenged numerous warrants for our clients.
How long does an arrest warrant stay active in Ohio?
An arrest warrant remains active until you are arrested or until the court recalls the warrant. There is no automatic expiration date for arrest warrants in Ohio. This means a warrant can remain active for years if you are not arrested. However, your attorney may be able to file a motion to recall the warrant under certain circumstances. Contact our Dayton criminal defense attorneys to explore your options.
Should I turn myself in on an arrest warrant?
Turning yourself in with an attorney present is often better than being arrested unexpectedly. Voluntary surrender allows you to control the situation, maintain your dignity, and often results in better treatment by law enforcement. Your attorney can coordinate with prosecutors and law enforcement to make the process as smooth as possible. This is a decision you should make with your attorney’s guidance. Our criminal defense team can guide you through this process.
Contact Moermond & Mulligan, LLC for Arrest Warrant Defense
If you’re facing an arrest warrant in Ohio, don’t wait. The sooner you take action, the sooner you can begin protecting your rights and resolving your case. Moermond & Mulligan, LLC has the experience, knowledge, and dedication to help you navigate this challenging situation. Our attorneys serve clients throughout Cincinnati and Dayton with aggressive, effective criminal defense.
Call (513) 421-9790 today for a confidential consultation. We’re ready to answer your questions and discuss your options.
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Written By: Moermond & Mulligan, LLC
Last Updated: 02-11-2026