Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
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.1
People who have bench warrants can be arrested at any time and brought into the Nevada court that issued the bench warrant.
Note that if the person with a bench warrant faces only misdemeanor charges, 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, 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 to extradite him/her back to Nevada.
How do I quash my warrant in Nevada?
2. How can a person get a bench warrant recalled?
We recommended that people with bench warrants hire private counsel in Nevada before they get arrested.
An attorney can get the warrant “quashed,” which is the legal term for getting the warrant recalled.
If the person faces 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 the person here 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.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.