Frequently Asked Questions about OFA’s (Orders for Arrest)
What is an OFA? What is an Order for Arrest?
If you missed a court date or have an unserved criminal charge, you may have an order for your arrest. This can cause a lot of anxiety, especially if you are afraid of losing a job or being taken from your home when people depend on you to take care of them. It can be especially concerning when you aren’t sure if you will have the money to make bond after you are served with the order for arrest and booked into the jail. One of the most common questions that people in this circumstance have is: is there anything that Greensboro attorney can do?
Can a Greensboro lawyer help me recall an order for arrest?
The answer is: yes! We can try to get your order for arrest recalled so you don’t have to turn yourself in or possibly get arrested at the workplace. There is no guarantee that a Greensboro lawyer can get a order for arrest recalled, and it often depends on a variety of circumstances, but there is a way that your attorney can try. An order for arrest recall may also set aside a bond forfeiture. In many cases where an OFA is issued and someone is already out on bond, that person may be at risk of losing the bond money they already paid. Call the attorneys at Aberle & Wall if you have an order for arrest and would like us to try and get it recalled for you.
How do I get an order for arrest recalled?
There are three ways to get an order for arrest recalled before you get arrested by the police or turn yourself in at the Guilford County Magistrate’s Office. First, a Greensboro lawyer can ask a prosecutor to consent to a recall and potentially have the case put back on the court calendar without ever having to serve the OFA. Click here to see what a motion and order to recall an order for arrest looks like. Second, a criminal defense attorney could add your case back on the calendar for a hearing on whether to recall the order for arrest. Finally, if we were able to get your case dismissed for any reason, the order for arrest will go away.
I was in court. Why do I have an Order for Arrest for failing to appear?
There are several reasons for this. There is always the possibility of an error on the file, but the more common reason is that you may have thought the case was continued after you checked in and asked for a continuance, but you left before the case went in front of a judge. It is also possible that you believed that you paid an attorney to represent you but they never made an appearance in your case for any number of reasons. If you hire Aberle & Wall to represent you, we will stay in constant communication with you to make sure you know exactly what you need to avoid an order for arrest.
I missed my court date. Now what do I do?
If you missed your court date or have an unserved charge, there may be an order for arrest issued by a judge and the Guilford County Clerk of Court’s office. The order for arrest will be generated in the NCAWARE system, which is a statewide database for legal papers. You can check with your Greensboro lawyer, Guilford County Clerk of Court Office, Guilford County Magistrate's Office, or if you live in the City of Greensboro, with the Records Division of the Greensboro Police Department to determine if the order for arrest has been issued. Once you find out which agency has taken out the charge, you can contact them to arrange for a time to be served with the paper at the Magistrate’s office.
Who usually serves criminal warrants and orders for arrest?
The Guilford County Sheriff’s Office is responsible for the service of certain Criminal Processes within Guilford County. These processes include Criminal Summons, Warrants for Arrest, Orders for Arrest, Fugitive from Justice, Subpoenas, Child Support Orders and any other criminal processes required for service in Guilford County.
How do I get served with a warrant in Guilford County?
To be Served with a Criminal Process, you can respond to the Greensboro or High Point Magistrate’s Office or contact the Guilford County Sheriff’s Office Warrant Squad/Staff Duty.
During business hours in Greensboro, (Monday-Friday, 8:00 am to 5:00 pm):
GCSO Warrant Office (Greensboro)
201 S. Edgeworth Street
Greensboro, NC 27401
Phone: (336) 641-2727
Fax: (336) 641-6719
Greensboro Magistrate’s Office
201 S. Edgeworth Street
Greensboro, NC 27401
On Nights/Weekends in Greensboro:
Greensboro Magistrate’s Office
201 S. Edgeworth Street
Greensboro, NC 27401
GCSO Staff Duty (Greensboro)
Phone: (336) 641-3355
Fax: (336) 641-3668
During business hours in High Point, (Monday-Friday, 8:00 am to 5:00 pm):
GCSO Warrant Office (High Point)
507 E Green Drive
High Point, NC 27260
Phone: (336) 641-7907
Fax: (336) 641-7884
High Point Magistrate’s Office
505 E Green Drive
High Point, NC 27260
On Nights/Weekends in High Point:
High Point Magistrate’s Office
505 E Green Drive
High Point, NC 27260
GCSO Staff Duty (Greensboro)
Phone: (336) 641-3355
Fax: (336) 641-3668
What is a Domestic Hold?
When you are charged with a crime that involves domestic violence in North Carolina, one of your conditions of release may be a temporary domestic hold, that prevents you from having a bond until you are seen by a District Court Judge or 48 hours has passed, whichever comes first. Under G.S. 15A-534.1, when a defendant is charged with assault, stalking, communicating threats, or certain other crimes against “a spouse or former spouse or a person with whom the defendant lives or has lived as if married,” a judge, rather than a magistrate, must set the defendant’s bond. The same rule applies when a defendant is charged with domestic criminal trespass or with violating a domestic violence protective order. If, after 48 hours, a judge hasn’t yet set the defendant’s bond, a magistrate then has the power to set the bond. For example, if a defendant is arrested on Friday night, normally no judge will be available until Monday. Therefore, on Sunday night, after 48 hours have elapsed, a magistrate should set a bond for the defendant. North Carolina General Statute 15A-534.1 is reproduced below.
Can I Avoid a Domestic Hold?
The only way to avoid getting a temporary domestic hold is to have a hearing where a District Court Judge sets a pre-set bond. If you can get a pre-set bond, you can avoid the inconvenience of having to wait in jail overnight or the embarrassment of getting arrested at the workplace. Contact our lawyers in Greensboro, NC to learn more about how to get a pre-set bond and avoid a domestic hold.
What will my bond be when I get served with the order for arrest?
Your bond will be set in accordance with the conditions of pretrial release statute at N.C. Gen. State. 15A-534 unless there is a pre-set bond that has been signed by a Superior or District Court Judge. Often, when a person fails to appear in court, the judge will issue a pre-set bond that the magistrate must impose if a person is picked up and served with the outstanding order for arrest. There are sometimes, however, when you might want an attorney help you get a preset bond, particularly on an unserved arrest warrant or magistrate summons.
What is a Pre-set Bond?
A pre-set bond is an order from a District Court Judge that overrides a magistrate’s discretion and sets the bond on an order for arrest or an unserved charge. If you received a letter or notification that you have an unserved charge or a warrant for arrest, don’t leave your bond to chance. Call our Greensboro criminal defense attorneys to see if they can help you get a pre-set bond so you know exactly what you are walking into when you turn yourself in to get served with the charge. Click here to see what an order setting a pre-set bond and conditions of pretrial release looks like.
§ 15A-534.1. Crimes of domestic violence; bail and pretrial release.
(a) In all cases in which the defendant is charged with assault on, stalking, communicating a threat to, or committing a felony provided in Articles 7B, 8, 10, or 15 of Chapter 14 of the General Statutes upon a spouse or former spouse, a person with whom the defendant lives or has lived as if married, or a person with whom the defendant is or has been in a dating relationship as defined in G.S. 50B-1(b)(6), with domestic criminal trespass, or with violation of an order entered pursuant to Chapter 50B, Domestic Violence, of the General Statutes, the judicial official who determines the conditions of pretrial release shall be a judge. The judge shall direct a law enforcement officer or a district attorney to provide a criminal history report for the defendant and shall consider the criminal history when setting conditions of release. After setting conditions of release, the judge shall return the report to the providing agency or department. No judge shall unreasonably delay the determination of conditions of pretrial release for the purpose of reviewing the defendant's criminal history report. The following provisions shall apply in addition to the provisions of G.S. 15A-534:
(1) Upon a determination by the judge that the immediate release of the defendant will pose a danger of injury to the alleged victim or to any other person or is likely to result in intimidation of the alleged victim and upon a determination that the execution of an appearance bond as required by G.S. 15A-534 will not reasonably assure that such injury or intimidation will not occur, a judge may retain the defendant in custody for a reasonable period of time while determining the conditions of pretrial release.
(2) A judge may impose the following conditions on pretrial release:
a. That the defendant stay away from the home, school, business or place of employment of the alleged victim.
b. That the defendant refrain from assaulting, beating, molesting, or wounding the alleged victim.
c. That the defendant refrain from removing, damaging or injuring specifically identified property.
d. That the defendant may visit his or her child or children at times and places provided by the terms of any existing order entered by a judge.
e. That the defendant abstain from alcohol consumption, as verified by the use of a continuous alcohol monitoring system, of a type approved by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, and that any violation of this condition be reported by the monitoring provider to the district attorney.
The conditions set forth above may be imposed in addition to requiring that the defendant execute a secured appearance bond.
(3) Should the defendant be mentally ill and dangerous to himself or others or a substance abuser and dangerous to himself or others, the provisions of Article 5 of Chapter 122C of the General Statutes shall apply.
(b) A defendant may be retained in custody not more than 48 hours from the time of arrest without a determination being made under this section by a judge. If a judge has not acted pursuant to this section within 48 hours of arrest, the magistrate shall act under the provisions of this section. (1979, c. 561, s. 4; 1989, c. 290, s. 2; 1995, c. 527, s. 3; 2001-518, s. 2; 2007-14, s. 1; 2010-135, s. 1; 2012-146, s. 2; 2015-62, s. 4(c); 2015-181, s. 47; 2017-186, s. 2(xx).)
