Warrants

Bench Warrents

119 Nev. 229, *; 70 P.3d 747, **; 2003 Nev. LEXIS 29, ***; 119 Nev. Adv. Rep. 27

A bench warrant is a warrant for a person's arrest issued by a judge – issued from "the bench of the court." They're usually issued when someone fails to appear in court when they are scheduled to do so, but may also be issued or when someone fails to pay a fine or penalty, attend counseling or do community service. The warrant authorizes law enforcement officers to arrest the individual on sight. A bench warrant can be issued by the judge for your failure to appear on any type of criminal matter. The amount of the bail will be set by the judge

Once a bench warrant is issued, it is forwarded to a nationwide computer database run by the federal Department of Justice. If you have a bench warrant for your arrest and a law enforcement officer in any state runs a check on your I.D. for any reason, he or she will find the warrant and can arrest you. You will then be brought before a judge on the charges that caused the warrant. A bench warrant can also cause the DMV to suspend your driver's license. You won't be able to clear the suspension until the warrant is quashed.

If your bench warrant is for a misdemeanor charge, C. Conrad Claus may be able to keep you from being taken into custody by appearing before the judge without you (with your authorization). The judge may quash your warrant and that will mean you would save thousands of dollars in bail bonds fees. C. Conrad Claus would then continue to go to court on your behalf until the matter is concluded satisfactorily. If your warrant is for a felony charge, the court will often require you to be present in court before the warrant is recalled. Often clients hire C. Conrad Claus from all over the United States to try to have their warrants recalled. In most of those cases we are able to have our clients warrant recalled without the client having to return to Nevada (if they live out of state).

C. Conrad Claus has a good track record of having his clients' bench warrants recalled without having them taken into custody or post bail. He has extensive experiences in all of the local courts in Southern Nevada . He know the people and procedures at each court and can use that knowledge to minimize the penalties associated with an arrest on an outstanding bench warrant and otherwise achieve the best result for you.

Search Warrents

A search warrant is an order issued by a judge that authorizes police officers to conduct a search of a specific location. A search warrant describes the address to be searched, identifies the persons (if known) and any articles intended to be seized. Such a search warrant can only be issued upon a sworn written statement of a law enforcement officer seeking the warrant to the magistrate and requesting the magistrate to issue the warrant based on the probability of criminal activity. Police may search a dwelling even when the occupant is not present and even without exigent circumstances.

The 4th Amendment to the Constitution specifies: "…no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized." The 14th Amendment applies the rule to the states. Evidence unconstitutionally seized cannot be used in court, nor can evidence traced through such illegal evidence. A defendant has standing to challenge the legality of a search on Fourth Amendment grounds only if he has a "legitimate expectation of privacy" in the place searched.

The Fouth Amendment protects against unreasonable searches. In one case involving the search of a student's purse by school officials, the U.S. Supreme Court stated that "determining the reasonableness of any search involves a twofold inquiry: first, one must consider "whether the . . . action was justified at its inception;" second, one must determine whether the search as actually conducted "was reasonably related in scope to the circumstances which justified the interference in the first place."

The Supreme Court has ruled that individuals in automobiles have a reduced expectation of privacy, however, there must be probable cause or a reasonable suspicion of criminal activity before a vehicle may be searched. Items in "plain view" may be seized; areas that could potentially hide weapons may also be searched. Any part of the vehicle can be searched if probable cause exists. However, passengers may not be searched without probable cause or consent from the passenger(s) to search their persons or effects.

The return of evidence seized pursuant to a search warrant is governed in federal law by Federal Rule of Criminal Procedure 41 (e). State rules vary, so local law should be consulted.

Arrest Warrents

An arrest warrant is a judge's order to law enforcement officers to arrest and bring to jail a person charged with a crime. Before an arrest warrant is issued, the district attorney, a police officer or an alleged victim must make a sworn statement that the accused person committed a crime. It is also called a warrant of arrest.

An arrest warrant founded on probable cause gives the arresting officer the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within. Before entering a residence to execute an arrest warrant, an officer must have a reasonable belief that the suspect resides at the place to be entered and have reason to believe that the suspect is present at the time the warrant is executed. State laws vary, but generally if an arrest warrant and affidavit for arrest warrant have been filed with a court, then they must be released upon a request for public records. Information filed with a court is generally a matter of public record and may not be withheld from disclosure.