WHAT IS AN ARREST WARRANT?
When a prosecutor believes he/she has probable cause to charge you with a crime, the prosecutor can either ask the court to summon you to appear or ask the court to send a proclamation to law enforcement to arrest you on sight.
This is an arrest warrant.
As you can imagine, if the court was always issuing arrest warrants, the system would quickly get overloaded and our jails would be overflowing. Instead, a prosecutor will typically only request an arrest warrant, if he or she believes that the defendant is a danger to the community or would ignore the court’s summons to appear on their own.
You should ask your criminal defense attorney, why there is an arrest warrant in your case. A skillful coordination between a defense attorney and the court is needed to minimize the chance of being held in jail or having to pay a high bond for your release. Alternatively, the attorney can secure a bail bondsmen to make sure that the bail can be posted, if the court is not inclined to grant a Walkthrough Own Recognizance Release.
WHAT IS A BENCH WARRANT?
The bench warrant is the most common type of warrants. The bench warrant is issued directly from the court when the person misses court appearance date.
SEARCH WARRANT DEFINITION
Search warrants give the police special permission to search your home, car, or office for evidence relating to a potential crime. Search warrants are not arrest warrants. However, a person can be arrested during the execution of a search warrant.
There are special legal rules governing all stages of the search warrant process, including the application for the warrant with a judge, and the execution of the warrant by the police. When there is an error at any stage of the warrant process, the evidence that was found may be suppressed in court.
TYPES OF WARRANTS
Nevada law outlines different types of warrants, two of which could allow law enforcement officers to take you into custody at almost any moment. If you are the subject of an arrest warrant or a bench warrant, you could be arrested while at work, home, or on vacation. Additionally, search warrants could be issued allowing police to comb through your personal belongings for potential evidence.
If a warrant has been issued for your arrest or to search your property, it is important to know your rights and options when dealing with the documents. Having an educated and efficient criminal defense lawyer could make the difference in your case.
If you have either an arrest warrant or bench warrant, you need an experienced attorney who can file a motion with the court to quash or recall the warrant. If this motion is granted, the warrant is terminated and you will be allowed to remain free pending resolution of your case. If an active warrant is not corrected, you may be arrested and put in jail for an extended period of time. If you have an arrest warrant or a bench warrant, you need an experienced attorney who is familiar with the court process and has handled warrants.
POSSIBLE TYPES OF ARRESTS IN LAS VEGAS, NEVADA:
- Felony Charges
- Misdemeanor Charges
- Violations of Probation
- Drug Possession
- Casino Markers
- Domestic Violence
- Out of State / Tourist Arrests
- Pool Party / Nightclub Arrests
- Federal Charges
- Arrest Warrants / Bench Warrants
- Extradition to Nevada
THE WARRANT BOND AMOUNT
Certain warrants have predetermined bail amounts assigned to them, but in some cases the judge assigns the bail amount (bailable warrant) or decides if there is no bail at all (non-bailable warrant). Usually, very serious felonies fall into the “warrant without bail” or “non-bailable warrant” category. This includes criminal charges for:
- Drug Trafficking
The bailable warrant may be removed (“quashed” is a legal term) by posting bail with the court. The bail can be paid in cash, credit cards, or checks. Not every person has the resources to pay bail in cash. Often the accused or somebody on his behalf contacts a licensed bail bondsman to post a bail.
Once the bail has been paid the defendant no longer has to fear of being arrested at work, at home or while driving around town.
WHAT HAPPENS IF YOU RECEIVE A WARRANT OR A SUMMONS?
If you receive a warrant or a summons, you need to be prepared with an aggressive response to the criminal charges that you face. You should carefully review the information provided to you to find out what criminal acts you have been accused of committing and what charges you are facing. You will need to discover what a prosecutor must prove in order for you to be convicted of a particular criminal charge. You don’t have to actually prove you are innocent- all you have to do is introduce reasonable doubt into any element of the prosecutor’s case against you to avoid being convicted of a criminal offense.
Determining how to plead, making a compelling argument to avoid a high bail amount, and beginning to prepare a response to a criminal trial can be very complicated. You want to start right away in protecting your rights when you have been arrested on a warrant or when you have been served a summons. This means getting a legal advocate on your side immediately.
FORM OF A WARRANT UPON PRESENTMENT, INDICTMENT OR INFORMATION
N.R.S. 179.380 contains the suggested form for a warrant upon finding of presentment, indictment or information. The amendments to the statute became effective April 2, 2001. “A warrant upon the finding of a presentment, indictment or information may be in substantially the following form:
County of ________________________ The State of Nevada, to any sheriff, constable, marshal, police officer, or peace officer in this State: A presentment having been made or an indictment having been found (or information filed) on the __________ day of the month of _______ of the year _______, in the district court of the ________________________, County of _________________________, charging C. D. with the crime of (designating it generally), you are therefore commanded forthwith to arrest the above-named C. D. and bring C. D. before that court to answer the presentment, indictment or information; or if the court is not in session that you deliver C. D. into the custody of the sheriff of the County of ________________________ By order of the court. Given under my hand with the seal of the court affixed this __________ day of the month of _______ of the year ________.
E. F., Clerk.