Warrants

In-State Warrants

BENCH WARRANTS
A bench warrant is a warrant for a person's arrest issued by a judge when someone fails to appear in court as scheduled or fails to pay a fine or penalty or to attend mandatory counseling or perform imposed community service. These warrants authorize law enforcement officers to arrest the individual on sight; the amount of bail will be set by the judge.

Once a bench warrant is issued, it is forwarded to a nationwide computer database operated 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 you retain me to handle your bench warrant for a misdemeanor charge, I may be able to keep you from being taken into custody by appearing before the judge for you. The judge may quash your warrant, which will save you thousands of dollars in bail bonds fees. I will 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. Clients often hire me from all over the United States to try to have their warrants recalled. In most of those cases we are able to have our client’s warrant recalled without the client having to return to Nevada.

SEARCH WARRANTS
A search warrant is an order issued by a judge that authorizes police officers to conduct a search of a specific location based on the probability of criminal activity. A search warrant describes the address to be searched, identifies the persons (if known) and any articles intended to be seized. Police may search a dwelling even when the occupant is not present and without exigent circumstances.

The Fourth 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 extends this stipulation to state warrants as well. The Fourth Amendment protects against unreasonable searches; evidence unconstitutionally seized cannot be used in court. 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 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.

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

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.

Out-of-State Warrants

DO YOU HAVE A FELONY, MISDEMEANOR, OR TRAFFIC WARRANT IN LAS VEGAS, CLARK COUNTY, OR SOUTHERN NEVADA?
Often an out-of-state resident will be arrested or cited for a crime they allegedly commit while vacationing in Nevada. If that person then fails to appear back in a Nevada court on their court date (even if due to improper notice or confusion with the court system), a warrant will be issued. When someone in such a situation asks law enforcement, the court, or an attorney not experienced in Nevada criminal law what they can do, they are often told that the only answer is to surrender to the Nevada court and to sit in jail until the case can be negotiated. Fortunately, there are often other options.

I am an experienced defense attorney who handles these types of cases on a daily basis and can ably navigate the confusions of the Nevada court system for you.  I will help you, when possible, to avoid the embarrassment and damage of being unexpectedly arrested for extradition or sitting in custody for months before appearing in front of a Nevada judge. I will fight to get you the best treatment and results in disposing of your Nevada warrant. Often times, there are procedural, timing or notice errors which will allow me to get your case dismissed entirely or negotiated on extremely favorable terms. While I can help you at any stage of this process, the sooner you contact a Nevada licensed attorney, the better the results you can expect.

Call my office at 702-384-4WAR (4927)
for a free, no-obligation consultation