Warrants (Failure to Appear)
When a judge (referred to as a magistrate in the Nevada Revised Statutes) provides law enforcement with the legal authorization to conduct certain actions, the authorization often comes in the form of a warrant. There are essentially three types of these legal documents, and it is critical for the people who are subject to them to understand their rights.
Some people learn about warrants issued against them before they are served, but many others do not find out until they are confronted by police. Whether an alleged offender has been taken into custody because of a warrant or he or she learns that a warrant had been issued against him or her, having legal representation can significantly minimalize the chances of a negative outcome to the process.
Las Vegas Warrants Lawyer
If you know that a warrant has been issued for your arrest or your loved one was already taken into custody on the basis of one, get the help of a former prosecutor who will fight to challenge any violations of your constitutional rights. Michael Pariente has more than 15 years of experience handling criminal cases on both sides of the aisle, and he is capable of negotiating a reduction or dismissal of charges for alleged offenders.
Our Clark County failure to appear attorney represents clients throughout the greater Las Vegas area, including Henderson, Boulder City, Enterprise, Nellis Air Force Base, and Mesquite. You can have Pariente Law Firm, P.C. review your case during a free, confidential consultation by calling (702) 966-5310 right now.
Nevada Warrants Information Center
- How do arrest warrants get issued?
- What are some of the reasons a bench warrant might be issued against a person?
- What are the limitations of a search warrant?
If a person is suspected of committing a crime, then police officers or district attorneys may seek warrants authorizing the arrests of alleged offenders. In accordance with Nevada Revised Statute § 171.106, a judge will issue this type of warrant if it appears from an affidavit or affidavits filed with the complaint or citation that there is probable cause to believe that the alleged offender has committed a crime triable within Clark County. An arrest warrant can also be issued if an alleged offender has been indicted by a grand jury.
Under Nevada Revised Statute § 171.108, this warrant must contain the following information:
- The judge’s signature and the name of his or her office
- The name of the alleged offender or any name or description by which he or she can be identified with reasonable certainty if the alleged offender’s name is unknown
- The date of its issuance and the county, city, or town where it was issued
- The criminal offense charged in the complaint
- Command that the alleged offender be arrested and brought before the nearest available judge
Arrest warrants issued because of alleged felony or gross misdemeanor offenses authorize police to arrest the alleged offender in any place at any time. If the basis of the warrant is a misdemeanor, then there may be limitations on the hours in which an arrest can take place, although the judge may allow otherwise. In most cases, arrest warrants are carried out at the homes or places of work of the alleged offenders.
Similar to an arrest warrant, a bench warrant also authorizes police officers to take alleged offenders into custody. However, these kinds of warrants are perhaps the most common and many other aspects surrounding them are quite different.
Bench warrants are not issued by judges in response to requests from police officers or district attorneys, but are actually initiated by the judges (from the bench) in response to some type of failure by the alleged offender to comply with orders of the courts. Examples of why bench warrants are issued include, but are not limited to:
- Failure to appear in court
- Contempt of court
- Failure to attend counseling
- Failure to complete community service
- Failure to follow court order
- Failure to pay a fine
- Failure to testify before a grand jury
Unlike arrest warrants, police will not actively seek out alleged offenders on the basis of bench warrants. However, records of such warrants will remain in police databases and authorize law enforcement to take people into custody if they are encountered.
When a person knows that a bench warrant has been issued against him or her, it is often in his or her best interest to immediately seek the help of a lawyer who can appear in court and file a motion to quash the bench warrant. This motion will ask the judge to set aside or recall the bench warrant so long as the alleged offender can provide the court with sufficient reason as to why he or she missed a court date or failed to comply with a court order.
Unlike arrest warrants or bench warrants, a search warrant does not authorize a person’s arrest. It does, however, authorize police to perform searches of that person’s home or place of work for evidence that may result in an arrest.
Under Nevada Revised Statute § 179.045, a judge will issue a search warrant identifying the property and naming or describing the person or place to be searched if the judge has been convinced that an affidavit or affidavits sworn to before him or her have established grounds for issuing the warrant. The search warrant must do the following:
- Be directed to a peace officer in Clark County and either state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof, or incorporate by reference the affidavit or oral statement upon which it is based
- Command the officer to search the person or place named for the property specified
- Direct that it be served between the hours of 7 a.m. and 7 p.m., unless the judge directs that it be served at any time
Nevada Revised Statute § 179.035 states that a search warrant authorizes law enforcement to search for and seize any property is stolen or embezzled in violation of Nevada state law, any other state law, or federal law, designed or intended for use or which is or has been used as the means of committing a criminal offense, or consists of any item or constitutes any evidence which tends to show that a criminal offense has been committed or tends to show that a particular person has committed a criminal offense.
People who are the subject of search warrants should try to have attorneys present as soon as possible. While law enforcement will usually decline requests to wait until legal counsel has arrived, a person is under no obligation to assist police in locating the property specified in the warrant. In fact, people should repeatedly seek a delay until they have legal representation that can ensure officers do not search areas or take property other than what is specified in the warrant.
Find a Failure to Appear Lawyer in Clark County
Are you currently under criminal investigation or was your loved one arrested on the basis of one of these types of warrants? Contact Pariente Law Firm, P.C. today for help protecting your rights and avoiding costly mistakes during these very stressful situations.
Michael Pariente aggressively defends clients in such communities as Spring Valley, Laughlin, North Las Vegas, Paradise, and Sunrise Manor. Call today to take advantage of a free legal consultation that will allow our Las Vegas warrants attorney to review your case.