Ohio Rev. Code » Chapter 2935
Ohio Revised Code

Ohio Rev. Code § 2935.10 (2026)

Filing of affidavit or complaint procedure

✓ current as of May 2026
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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
PDF:
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(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

Notes of Decisions
Cited in 70 cases (20 in the last 5 years), 1955–2026 · leading case: State ex rel. Blachere v. Tyack, 2023 Ohio 781 (Ohio Ct. App. 2023).
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State ex rel. Blachere v. Tyack, 2023 Ohio 781 (Ohio Ct. App. 2023). · cites it 13× “{¶ 25} R.C. 2935.10 prescribes the procedure to be followed once a private citizen files an affidavit charging an offense.”
State ex rel. Brown v. Nusbaum (Slip Opinion), 2017 Ohio 9141 (Ohio 2017). · cites it 7× “09(D) authorizes a private citizen "who seeks to cause an arrest or prosecution" to "file an affidavit charging the offense committed with a reviewing official for the purpose of review to determine if a complaint should be filed by the prosecuting attorney.”
Hillman v. O'Shaughnessy, 2017 Ohio 489 (Ohio Ct. App. 2017). · cites it 5× “09 and R.C. 2935.10 eliminating the prosecutors function.”
State v. Fraley, 2020 Ohio 3763 (Ohio Ct. App. 2020). · cites it 7× “09(D) authorizes a private citizen "who seeks to cause an arrest or prosecution" to "file an affidavit charging [an] offense committed with a reviewing official for the purpose of review to determine if a complaint should be filed by the prosecuting attorney or attorney charged…”
State ex rel. Bunting v. Styer (Slip Opinion), 2016 Ohio 5781 (Ohio 2016). · cites it 3× “09(D) allows a private citizen to file an affidavit alleging a criminal offense: A private citizen having knowledge of the facts who seeks to cause an arrest or prosecution under this section may file an affidavit charging the offense committed with a reviewing official for the…”
Hillman v. Larrison, 2016 Ohio 666 (Ohio Ct. App. 2016). · cites it 5× “{¶ 8} R.C. 2935.10 provides, in pertinent part: (A) Upon the filing of an affidavit or complaint as provided by section 2935.”
State ex rel. Brown v. Jeffries, 2012 Ohio 1522 (Ohio Ct. App. 2012). · cites it 8× “R.C. 2935.10 applies in this case and requires a judge to summarily issue a warrant or refer the matter to the prosecutor for further investigation.”
State v. Burns, 2019 Ohio 1141 (Ohio Ct. App. 2019). · cites it 14× “For the reasons that follow, the judgment of the trial court is reversed, and the matter is remanded with instructions for the trial court to comply with R.C. 2935.10 {¶ 2} In 1988, Burns was convicted of two counts of aggravated murder, one count of aggravated robbery, one…”
Leeke v. Timmerman, 454 U.S. 83 (1982). · cites it 2× “§ 29-404 (1979); Ohio Rev. Code Ann. § 2935.10 (1975); S. D.”
State ex rel. A.N. v. Cuyahoga Cty. Prosecutor's Off. (Slip Opinion), 2021 Ohio 2071 (Ohio 2021). · cites it 3× “’s complaint avers that he brought his parents’ alleged crimes to the attention of the city prosecutor, who then referred the matter to the county prosecutor’s office.”
In re Crim. Charges Against Groves, 2018 Ohio 1406 (Ohio Ct. App. 2018). · cites it 7× “09 and R.C. 2935.10. R.C. 2935.09(D) provides: “A private citizen having knowledge of the facts who seeks to cause an arrest or prosecution under this section may file an affidavit charging the offense committed with a reviewing official for the purpose Hocking App.”
State ex rel. Strothers v. Turner, 680 N.E.2d 1238 (Ohio 1997). · cites it 4× “09 provides that a “private citizen having knowledge of the facts” shall file with a judge, clerk of court, or magistrate an affidavit charging an offense committed in order to cause the arrest or prosecution of the person charged, it must be read in pari materia with R.C.…”
Show all 70 citing cases →
— Ohio Rev. Code § 2935.10(A) — 42 cases
State v. Fraley, 2020 Ohio 3763 (Ohio Ct. App. 2020). “09(D) authorizes a private citizen "who seeks to cause an arrest or prosecution" to "file an affidavit charging [an] offense committed with a reviewing official for the purpose of review to determine if a complaint should be filed by the prosecuting attorney or attorney charged…”
State ex rel. Brown v. Nusbaum (Slip Opinion), 2017 Ohio 9141 (Ohio 2017). “09(D) authorizes a private citizen "who seeks to cause an arrest or prosecution" to "file an affidavit charging the offense committed with a reviewing official for the purpose of review to determine if a complaint should be filed by the prosecuting attorney.”
State ex rel. A.N. v. Cuyahoga Cty. Prosecutor's Off. (Slip Opinion), 2021 Ohio 2071 (Ohio 2021). “’s complaint avers that he brought his parents’ alleged crimes to the attention of the city prosecutor, who then referred the matter to the county prosecutor’s office.”
State ex rel. Strothers v. Turner, 680 N.E.2d 1238 (Ohio 1997). “09 provides that a “private citizen having knowledge of the facts” shall file with a judge, clerk of court, or magistrate an affidavit charging an offense committed in order to cause the arrest or prosecution of the person charged, it must be read in pari materia with R.C.…”
State ex rel. Bunting v. Styer (Slip Opinion), 2016 Ohio 5781 (Ohio 2016). “09(D) allows a private citizen to file an affidavit alleging a criminal offense: A private citizen having knowledge of the facts who seeks to cause an arrest or prosecution under this section may file an affidavit charging the offense committed with a reviewing official for the…”
— Ohio Rev. Code § 2935.10(B) — 9 cases
State ex rel. Blachere v. Tyack, 2023 Ohio 781 (Ohio Ct. App. 2023). “{¶ 25} R.C. 2935.10 prescribes the procedure to be followed once a private citizen files an affidavit charging an offense.”
State v. Fraley, 2020 Ohio 3763 (Ohio Ct. App. 2020). “09(D) authorizes a private citizen "who seeks to cause an arrest or prosecution" to "file an affidavit charging [an] offense committed with a reviewing official for the purpose of review to determine if a complaint should be filed by the prosecuting attorney or attorney charged…”
State ex rel. Brown v. Jeffries, 2012 Ohio 1522 (Ohio Ct. App. 2012). “R.C. 2935.10 applies in this case and requires a judge to summarily issue a warrant or refer the matter to the prosecutor for further investigation.”
State v. Roby, 2017 Ohio 7331 (Ohio Ct. App. 2017).
In re Crim. Charges Against Groves, 2018 Ohio 1406 (Ohio Ct. App. 2018). “09 and R.C. 2935.10. R.C. 2935.09(D) provides: “A private citizen having knowledge of the facts who seeks to cause an arrest or prosecution under this section may file an affidavit charging the offense committed with a reviewing official for the purpose Hocking App.”
— Ohio Rev. Code § 2935.10(B)(1) — 1 case
State v. Roby, 2017 Ohio 7331 (Ohio Ct. App. 2017).
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