When someone is facing warrants in Nevada, whether it is a bench, search or arrest warrant, it is important that they are proactive to reduce the risk for additional penalties that could include incarceration. Bench warrants are warrants that are issued by a judge or magistrate as a result of failure to follow the specific court orders. A common reason for a bench warrant is not showing up to court when a hearing is scheduled. Arrest warrants allow police to jail or bring suspects into court to answer criminal charges. Search warrants permit police to conduct a search of an area in effort to find evidence of a crime. Convictions of warrants can carry heavy fines, and even incarceration.
Bench Warrants in Nevada
In Nevada, a bench warrant is issued by a judge who oversees your previous case, causing the bench warrant. Reasons you may receive a bench warrant include:
- Missing a payment of fines
- Not complying with an order for counseling
- Not complying with a community service order
- Failing to appear for Jury duty
- Not complying with probation
- Ignoring a subpoena to testify in court
When there is a bench warrant out for someone, there are numerous ways to respond, including posting bail to secure appearance or filing a motion to quash through an attorney. You will file the motion in the court with a jurisdiction over the case. Then, the court hears the motion and will typically approve it, unless there are justifiable circumstances. It is possible that someone may still be arrested up until the point of the court hearing. Ultimately, if you want to quash a bench warrant in Nevada, you will need to post the amount of bail stated with the court as security for your court appearance. According to Nevada Revised Statute 22.010, disobedience to a lawful court order is contempt of court, and the court is legally allowed to issue a warrant if they suspect that a person is violating a lawful court order.
Quashing Arrest Warrants in Nevada
When someone finds out that they have a warrant out for their arrest, they have the option to appear in court with their attorney right away before being arrested. This leaves a good mark on the judge, as judges will be impressed with the suspect when they come to court because of their own violation and do not try to escape the arrest. This can give the suspect a greater chance that the judge may release the suspect or give them a bail reduction. Perhaps, your defense attorney can try to challenge the accuracy of the arrest warrant, stating that it may have lacked proper affidavit or fails to establish probable cause. If the case continues, your defense attorney can file a writ of habeas corpus to challenge the defendant’s incarceration.
Fighting Search Warrants
A search warrant is a document, issued by the court, authorizing police to enter a specific location and search it for potential evidence of a crime. The warrant should include an affidavit by police, stating that there is a probable cause that a crime has occurred. The most common way people fight search warrants is by filing a motion to suppress evidence, this argues that the search was illegal and asks the judge to disregard any evidence that was found becasue of the illegal search. Common reasons for warrant invalidity include:
- The issued warrant was overbroad.
- The issued warrant did not include an affidavit.
- The warrant suffered from another procedural defect.
When a judge grants a motion to suppress the evidence, the prosecution’s case will be severely weakened, causing the prosecutor to potentially throw out the case due to no longer having sufficient evidence to prove guilt beyond a reasonable doubt.
Most of the time, the court will agree to quash a warrant as long as they know the defendant will appear to answer any allegations. If you hire a defense attorney to represent you in court, the judge will recognize that you are serious about responding to the charges and will ultimately give you more respect. Here at Ticket Busters, our attorneys have had years of experience representing clients in court to quash their warrant and aggressively fight by their side. If you or a loved one has a warrant, reach out to us for a consultation and determine the next steps moving forward to help you get back in the right direction.