Having a Las Vegas warrant subjects you to criminal prosecution, possibly fines, and incarceration. However, it may be possible to fight the warrant prior to the police making an arrest.
Some Nevada cities and counties allow you to search for your warrant status online. A few of these websites are:
- Las Vegas Municipal Court warrant search
- Clark County case search
- Henderson Municipal Court warrant list
- Henderson Justice Court warrant list
- North Las Vegas Municipal Court warrant search
If you suspect you may have an outstanding warrant, contact a criminal defense lawyer right away. Below, our Nevada criminal defense attorneys provide a brief overview of Las Vegas warrants:
1. Arrest Warrants
If you learn you have a Las Vegas arrest warrant, you may choose to appear with your attorney before the court right away. Your attorney will ask the judge to grant you an O.R. release or a bail reduction so you can remain out of custody while your case is pending.
Additionally, your defense attorney may try to challenge the validity of the arrest warrant: Perhaps it
- lacked the proper affidavit or
- fails to establish probable cause.
If the judge agrees the arrest warrant is improper, the judge can recall it – thereby allowing you to remain out of custody.1
If the case proceeds and you cannot bail out, your defense attorney can file a writ of habeas corpus to challenge your incarceration.2
Learn more about arrest warrants.
2. Bench Warrants
Judges typically issue Las Vegas bench warrants when you fail to show up to court in your criminal case. To recall (“quash“) the bench warrant, your defense attorney would first file “a motion to place on calendar a proceeding to recall or quash the warrant” with the court.
Once the “motion to quash” is filed with the court, then the clerk will schedule a court hearing within two to five days, usually. However, you can still be arrested during this waiting period – so be sure to lay low.
During the bench warrant hearing, your defense attorney will ask the judge to give you another chance. The judge will usually agree to quash the warrant unless you
- have missed court appearances in the past or
- are a flight risk.
Once the bench warrant is recalled, your underlying criminal case will proceed as if the bench warrant never happened.3
Refer to our page on bench warrants.
3. Search Warrants
Judges issue Las Vegas search warrants to allow police to search your property for evidence of a crime. Though in some cases the search warrant can be:
- facially invalid,
- overly broad, or
- not based on probable cause.
Even if the search warrant is valid, police sometimes search outside the bounds of the warrant. This is forbidden unless a “warrant exception” applies.
If you were the victim of an unlawful search, you can ask the court to suppress the evidence found from the unlawful search. Then if the court agrees, the prosecution may then be left with insufficient evidence to sustain a conviction and may dismiss your charges altogether.4
Visit our page on search warrants.
4. Comparing Warrant Types
Type of Warrant | Purpose | Issued By | Based On |
Search Warrant | To search a specific location for specific evidence of a crime. | Judge or Magistrate | Probable cause to believe evidence is present |
Bench Warrant | To arrest someone who failed to appear in court or comply with court orders. | Judge | Failure to appear in court or follow court orders |
Arrest Warrant | To arrest a person suspected of committing a crime. | Judge or Magistrate | Probable cause to believe someone committed a crime |
Legal References
- NRS 171.106. Woerner v. Justice Court of Reno Tp. ex rel. County of Washoe, (2000) 116 Nev. 518, 1 P.3d 377.
- See 28 U.S. Code 2241, 2254 and 2255.
- NRS 22.040. NRS 178.508. Jaeger v. State (1997) 113 Nev. 1275, 948 P.2d 1185.
- NRS 179.045. State v. Lloyd (2013) 129 Nev. Adv. Op. 79; State v. Camancho (2003) 119 Nev. 395; Grace v. Eighth Judicial District Court (2016) 132 Nev. Adv. Op. 51.