What do I do if I have a bench warrant in Nevada?

Posted by Neil Shouse | Nov 11, 2014 | 0 Comments

Nevada judges issue bench warrants when a defendant in a criminal case fails to show up to court on the appointed date/time or fails to complete court-ordered requirements. People who have bench warrants can be arrested at any time and brought into the Nevada court that issued the bench warrant.

If the person with a bench warrant is facing only misdemeanor charges in Nevada, it is unlikely that police will actively seek out the person to arrest him/her. So it is plausible that a person can have an active bench warrant on a misdemeanor crime and go about his/her life uninterrupted. But if that person ever gets pulled over by a cop or goes through certain security lines, law enforcement will see that he/she has a bench warrant and will take him/her into custody.

If the person with a bench warrant is facing felony charges in Nevada, it is more likely that police will actively search for the person to arrest him/her. And if the person is no longer in state, local police may even seek him/her out in order to extradite him/her back to Nevada.

Therefore it is recommended that people with bench warrants hire private counsel in Nevada before he/she gets arrested. The attorney can try to get the warrant "quashed," which is the legal term for getting the warrant recalled. If the person is facing only misdemeanor charges, a defense attorney can usually get the warrant quashed without the person coming into court. But if the person is facing felony charges, the judge usually will not quash the warrant unless the person shows up in court; but note that person risks immediate arrest if the judge decides not to quash the warrant after all.

Once a Nevada bench warrant is quashed, the underlying criminal case is resumed. At that point the defense attorney and prosecution can try to negotiate a resolution, or else the case will go to trial. Read more information about Nevada bench warrants.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).


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