Nevada judges issue a bench warrant for your arrest if you defy a court order in your criminal case. Common examples are missing an appearance, violating probation, or failing to make a payment.
Once you have a bench warrant, the police can search for and arrest you. You can usually bail out if you are arrested, though some judges require you to remain in custody until your next court date.
The only way to get a bench warrant recalled – or “quashed” – is to file a motion with the court and have a hearing in front of the judge. Unless you have a history of disobeying the court, most judges agree to quash bench warrants as long as you or your attorney shows up to the hearing.
Note that bench warrants are different from arrest warrants. Arrest warrants mark the beginning a criminal case, and they are issued for people suspected of a crime; in contrast, bench warrants can be issued anytime during a case, and they are issued for people suspected of disobeying court orders.
In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding Nevada bench warrants (BWs):
- 1. Quashing a BW
- 2. Do I have one?
- 3. Why You Have a BW
- 4. Getting Arrested
- 5. Bailing Out
- 6. Are BWs a crime?
- 7. Driver’s License Suspensions
- 8. Background Checks
- 9. Contempt
- 10. Arrest Warrants
- 11. Search Warrants
- Frequently Asked Questions
- Additional Resources
1. Quashing a BW
The only way to make a bench warrant go away is for a judge to quash it at your request. Bench warrants never “expire,” and you cannot simply “pay them off.”
Below are the five steps for quashing a bench warrant in Nevada.
Step 1. Hire an Attorney
You can try to quash your bench warrant yourself. However, judges are more likely to give you a second chance to stay out of custody if you have an attorney.
In the event you have more than one bench warrant, an attorney may be able to resolve all of them at the same time.
Step 2: File a Motion to Quash
Your attorney composes and files a “motion to quash” with the proper Nevada court. This motion asks the judge to hold a hearing so your attorney can argue for having your warrant recalled.
The court clerk will usually schedule this hearing within a week. During this waiting period, you can still get arrested.
Therefore lay low and try not to drive. Also, do not visit friends or family in jail: Jail guards may run your name to check your warrant status.
Step 3: The Court Holds a Hearing
One of the advantages of hiring private counsel is that you can usually skip the motion quash hearing as long as your criminal defense lawyer appears on your behalf. However, the judge may require you to appear in person if:
- your case involves a felony,
- you have a lengthy criminal history,
- you are a flight risk or public safety threat, and/or
- there was no satisfactory excuse for you defying court orders.
Note if you do appear in person, you risk the judge remanding you into custody for the remainder of your case.
Step 4: The Judge Recalls the Warrant
At the hearing, the judge may ask your attorney if you had “good cause” to violate court orders. Common examples of “good cause” may include:
- there was an unavoidable emergency,
- you were very ill,
- the court gave you incorrect information, never notified you, or sent your notice to appear to an old address, or
- you lost your job, leaving you unable to pay the fines.
We can also present “mitigating evidence” that shows you in a less blameworthy light. An example is that you have been otherwise compliant with all court orders up until this point.
In our experience, Nevada judges usually recall bench warrants right away without asking many questions during the hearing. Judges are also often open to giving you an extension on paying fines or setting up a payment plan.
Ultimately, the clerk will then give you a new court date, and your underlying criminal case will proceed as before.
Note that if your bench warrant had a bail amount attached to it, your attorney will ask the judge to “exonerate the bail.” Once the bail is exonerated, you are no longer obligated to pay it.
Step 5: Remain out of Trouble
Once your warrant gets quashed, be sure to follow all of the court’s orders while your case remains open. This includes:
- appearing for all future court dates (unless the court allows your attorney to appear on your behalf),
- paying all fines on time, and
- complying with everything else the court directed you to do, such as rehab, counseling, community service, etc.
People with outstanding bench warrants risk being arrested at any time.
2. Do I have one?
You can usually conduct an online search to learn if you have an outstanding Nevada bench warrant.
If your case is in Clark County (which includes Las Vegas), click on the applicable court website below. You can also call the court, but you are advised to have an attorney call on your behalf so you are not traced.
| Clark County Court | Warrant Status Check Information |
| Las Vegas Justice Court |
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| Las Vegas Municipal Court |
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| Henderson Municipal Court | |
| North Las Vegas Municipal Court |
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| Boulder City Municipal Court |
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| Mesquite Municipal Court |
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Justice Courts for:
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If your case is outside of Clark County, do an internet search for the applicable court name and search on its website’s “case lookup” option.
Many people have bench warrants for years without knowing about it. We see cases all the time where someone is pulled over for a minor traffic violation, and they are stunned when the police run their name, find a warrant, and proceed to arrest them.
A bench warrant is “pending” when the court has issued it, but the police have not yet executed it.
3. Why You Have a BW
In Nevada, judges issue bench warrants for your arrest if you either:
- skip a court appearance (such as your arraignment, pretrial conference, status check, preliminary hearing, trial, or sentencing),
- miss a payment for a fine, restitution, or child support,
- violate your probation or parole terms, or
- fail to comply with any other court order.1
Judges can issue bench warrants without giving you prior notice first. So if you defied a court order – such as by missing court – it is almost guaranteed you have a bench warrant.
4. Getting Arrested
If you have a bench warrant in a misdemeanor case, Nevada police will probably not go out and search for you. Though if you are accused of a felony, police are far more likely to track you down at home, work, or anywhere else you may be.
In Las Vegas, many bench warrant arrests happen during routine traffic stops for minor infractions. The police may intend only to cite you, but once they run your name and find an active warrant, they will arrest you immediately.
Police can search for and arrest anyone with an outstanding bench warrant.
5. Bailing Out
Some Nevada bench warrants are “no bail” bench warrants. This means if you get arrested, you must remain in jail until your next court appearance.
Other bench warrants have bail amounts attached to them, which means the jail will release you following your arrest once you post bail. However, we may be able to persuade the judge to release you on your own recognizance (“O.R.”), which means you do not have to pay anything.
The judge may also impose various bail conditions you must follow, such as abiding by curfew or wearing an electronic monitoring anklet.
6. Are BWs a crime?
Having a bench warrant is not a Nevada crime in and of itself. Though if the reason for the bench warrant was that you skipped court, prosecutors can charge you with failure to appear (FTA) once 30 days pass after your missed court appearance.2
As the following table shows, the penalties for FTA depend on your underlying charge:
| Underlying Criminal Charge | Nevada Penalties for FTA |
| At least one misdemeanor (and no felonies or gross misdemeanors) | Misdemeanor: Up to 6 months in jail and/or $1,000* |
| At least one gross misdemeanor (and no felonies) | Gross Misdemeanor: Up to 364 days of jail time and/or $2,000* |
| At least one felony | Category D felony: 1 to 4 years in Nevada State Prison and up to $5,000 |
| * If you left Nevada with the intent to avoid prosecution, then FTA is instead charged as a category D felony carrying 1 to 4 years in prison and up to $5,000. | |
Many bench warrants are executed during traffic stops.
7. Driver’s License Suspensions
In Nevada, bench warrants typically do not cause your driver’s license to be suspended.
Note that if you miss court for a traffic citation, and you fail to resolve the case after a 30-day grace period, the DMV may suspend your license. The suspension would remain in effect until the court tells the DMV that the case has resolved (usually by paying a fine).3
8. Background Checks
Most background checks show outstanding bench warrants in Nevada. Therefore if you do have a bench warrant, contact an attorney to get the matter resolved as soon as possible.
Having any warrant on your record could prevent you from getting a job, a lease, loans, an acceptance into college, or a professional license. A warrant could also be a bar to immigration.
9. Contempt
Another option Nevada judges have if you allegedly violate court orders is to hold you in “civil contempt.” This typically carries a penalty of up to $500 and/or 25 days in jail, and the judge holds you in contempt until you follow the court orders.
A common reason for civil contempt is refusing to testify before a grand jury. In this case, penalties include up to six months in jail or the length of time until the grand jury is discharged (whichever is less).4
Bench warrants remain active until the judge quashes them.
10. Arrest Warrants
As mentioned above, bench warrants are separate from arrest warrants in Nevada. There are four main distinctions.
Firstly, arrest warrants signal the start of a criminal case. In contrast, bench warrants can be issued at any time throughout a criminal case.
Secondly, an arrest warrant indicates what charges you will face in the case. In contrast, bench warrants only concern court orders that you allegedly violated while the criminal case was ongoing.
Thirdly, for an arrest warrant to be valid, prosecutors must have “probable cause” to believe you committed the alleged crime(s). In contrast, judges can issue bench warrants based on less evidence than the “probable cause” standard requires.
Finally, law enforcement has to ask judges to issue arrest warrants. In contrast, judges — called “the bench” — can issue bench warrants on their own without the District Attorney having to request it.5
11. Search Warrants
In Nevada, search warrants are not about arresting a person but rather seizing evidence. Search warrants are usually required whenever a search would violate your “reasonable expectation of privacy,” such as at your home.
Like arrest warrants, judges issue search warrants at the request of law enforcement. Plus, the search warrant must be based on probable cause.
To be valid, the warrant must state which locations are being searched and what evidence is being sought. If the warrant is overbroad – or if police search outside the bounds of the warrant – we can ask the judge to disregard (or “suppress”) any unlawfully obtained evidence.
Most judges agree to quash outstanding bench warrants.
Frequently Asked Questions
Should I hire an attorney to remove my bench warrant in Nevada?
Yes. Hiring an attorney often helps you avoid having to appear in court personally and increases your chances of getting the warrant removed without being held in custody.
What happens if I ignore my bench warrant?
Bench warrants never expire and cannot be “paid off.” They remain active until a judge officially quashes them.
You can be arrested at any time during routine traffic stops, and the warrant will show up on background checks, potentially affecting employment, housing, and other opportunities.
Can I be arrested at my home or work if I have a bench warrant?
Yes, police can search for and arrest you anywhere if you have an active bench warrant. For misdemeanor cases, police typically will not hunt you down, but for felony cases, they are more likely to track you down at home, work, or other locations.
How long do I have to stay in jail if I am arrested on a bench warrant?
It depends on your warrant type. Some bench warrants allow bail, meaning you can be released after posting bond. However, “no bail” bench warrants require you to stay in jail until your next court appearance. Your attorney may be able to get you released on your own recognizance without paying anything.
Will having a bench warrant affect my driver’s license or background checks?
Bench warrants typically do not affect your driver’s license. However, traffic-related missed court dates may lead to a license suspension after a 30-day grace period.
Meanwhile, most background checks will show outstanding warrants. This can prevent you from getting jobs, housing, loans, college admission, professional licenses, or cause immigration issues.
Additional Resources
For more information, refer to the following:
- National Crime Information Center – The FBI’s centralized database for accessing criminal justice information, including warrants.
- SearchQuarry.com – Public record provider with warrant searches by name, city or county.
- Vinelink.com – Free site to search for outstanding warrants and criminal records in participating states.
- PeopleFinders.com – Public records site providing warrant searches among other lookup services for a fee.
- CriminalWatchdog.com – Subscription service for continuous monitoring of criminal records and warrants.
Read our related article on types of warrants in Nevada.
Legal References
- See, for example, Jaeger v. State (1997) 113 Nev. 1275 (Judge issued a bench warrant where a defendant did not complete community service requirements). In re Mosely (2004) 120 Nev. 908 (Judge issued a bench warrant where a defendant defied terms of a plea bargain).
- NRS 199.335 – Failure to appear after admission to bail or release without bail. NRS 178.508 – Duties of court when defendant fails to appear; procedure for issuing order of forfeiture; when forfeiture becomes effective; grounds for extending date of forfeiture.
- NRS 483.465 – Mandatory suspension of license when person violates promise to appear pursuant to citation: Notice; period of suspension.
- NRS 22.100 – Penalty for contempt.
- NRS 22.040 – Issuance of warrants of attachment and commitment. NRS 171.106 – Issuance of warrant or summons upon application, complaint or citation; no-knock warrants.
- NRS 179.005 – NRS 179.115 – Search warrants.