“Arrest Warrant” in Las Vegas, Nevada? How to get it cleared

Nevada judges issue arrest warrants when the police or prosecutor can show probable cause that you (the suspect to be arrested) have committed a criminal offense. Judges will also issue an arrest warrant if a grand jury issues an indictment against you.

Arrest warrants are court orders that allow police to apprehend you and bring you to court to answer for criminal charges. Depending on the case, you may be

• released on bail,
• released on your own recognizance, or
• detained with no bail.

A defense attorney can challenge the validity of an arrest whether the arrest was executed with or without a warrant. If the arrest warrant was issued or executed illegally, the attorney may be able to get enough evidence excluded to cause the D.A. to drop the charges.

In this article, our Las Vegas criminal defense attorneys will answer the following key questions:

• 1. How do I find out if I have a warrant in Las Vegas, NV?
• 2. What are arrest warrants?
• 3. When and how do arrest warrants get issued?
• 4. Can I be arrested without an arrest warrant in Nevada?
• 5. How do police carry out arrest warrants?
• 6. What are summons and citations?
• 7. What is bail, and how is it set?
• 8. Can I prevent an arrest warrant from being issued?
• 9. Can I turn myself in to the court that issued the arrest warrant?
• 10. What if I have an arrest warrant in Nevada but am out of state or the U.S.?
• 11. How do I fight illegal arrest warrants?
• 12. Can I get an arrest record sealed in Nevada?

Also see our other Nevada warrant articles on quashing bench warrants, resolving traffic citation warrants, and fighting search warrants.

1. How do I find out if I have a warrant in Las Vegas, NV?

A few Nevada courts permit you to search online for your warrant status. Some of these websites are:

• Las Vegas Municipal court warrant search – 100 E Clark Ave, Las Vegas, NV 89101 / (702) 382-6878
• Las Vegas Justice Court – 200 Lewis Ave., Las Vegas, NV 89101 / (702) 671-3116
• Henderson Municipal Court warrant list – 243 South Water Street Henderson, NV 89015 / (702) 267-3300
• Henderson Justice Court warrant list – 243 South Water Street Henderson, NV 89015 / (702) 455-7980
• North Las Vegas Municipal Court warrant search – 2332 Las Vegas Blvd N #100, North Las Vegas, NV 89030  / (702) 633-1130
• North Las Vegas Justice Court – 2428 N Martin L King Blvd # A, North Las Vegas, NV 89032 / (702) 455-7801
• Mesquite Municipal Court – 500 Hillside Dr, Mesquite, NV 89027 / (702) 346-5291
• Mesquite Justice Court – 500 Hillside Dr, Mesquite, NV 89027 / (702) 346-5298
• Boulder City Municipal Court – 501 Avenue G Boulder City, NV 89005 / (702) 293-9278
• Boulder City Justice Court – 501 Avenue G Boulder City, NV 89005 / (702) 455-8000

You would need to enter your name, birthday, and possibly your social security number to run a search.

Note that courts and police do not notify you if a warrant is issued for your arrest. That is why you might not learn that you have Nevada arrest warrants

• until a prospective employer or landlord runs a criminal background check, or
• until a police officer runs your name when you get pulled over for a traffic violation (which would then result in the police arresting you).

Also note that active warrants never expire until you are apprehended, you turn yourself in, or the judge agrees with your (or your attorney’s) request to recall the warrant. Warrants can remain active indefinitely.

If you suspect you may have an outstanding warrant, it is recommended you contact a criminal defense attorney to look into the matter for you. You can also use such free websites as

• FreeBackgroundCheck.org and
• SearchQuarry.com.

2. What are arrest warrants?

Arrest warrants allow police to place you under arrest in Nevada if there is probable cause to believe you broke the law.¹ Like it sounds, “probable cause” means there is a reasonable belief

1. that criminal activity has taken place, and
2. that you committed it.²

An arrest warrant is valid in Nevada only if it:

• is properly signed by the magistrate judge;
• contains your name (or a description that allows law enforcement to identify you with reasonable certainty);
• states the date of its issuance and the county, city or town where it was issued;
• describes the offense charged in the complaint; and
• commands that you be arrested and brought before the nearest available magistrate judge.³

2.1. Bench warrants v. arrest warrants

Arrest warrants are different from bench warrants in four ways:

1. The state has to request that judges issue an arrest warrant, but judges may issue bench warrants on their own when you do not comply with a court order (usually when you fail to appear at court or pay child support).
2. Whereas arrest warrants begin a criminal case, bench warrants may be issued anytime during the life of the case.
3. Judges usually do not recall arrest warrants until you are arrested. Though judges nearly always agree to recall (“quash”) bench warrants if you or your attorney files a “motion to quash” the warrant and addresses the underlying criminal case.
4. Police usually go out to actively search for suspects named in arrest warrants. In contrast, police rarely go out to search for people named in bench warrants. Though whenever police run people’s names (such as during traffic stops or before jail visits), they will arrest anyone with an outstanding warrant.

3. When and how do arrest warrants get issued?

Arrest warrants mark the beginning of a criminal case, and only judges may issue them. There are two ways that judges may issue arrest warrants:

1. upon information by police or the District Attorney, or
2. upon grand jury indictment

3.1. Information

The most common way Nevada judges issue arrest warrants is through an “information.” This is when the police or District Attorney presents the judge with evidence detailing that:

• there is probable cause that a crime occurred, and
• that you committed it.⁴

This evidence typically takes the form of an affidavit. If the judge agrees that the information shows probable cause, they will issue the arrest warrant. Though if the judge believes the information fails to show probable cause, the judge will not issue an arrest warrant.⁵

3.2. Indictment

Judges will also issue an arrest warrant following a grand jury indictment, which is usually reserved for more serious crimes or high-profile cases in Nevada.

First, a prosecutor pitches the allegations to the grand jury (16 to 20 people selected from a jury pool). If at least 12 of them agree there is sufficient information for you to be charged with the alleged crime, they “indict” you. At this point, the judge will issue the arrest warrant.⁶

4. Can I be arrested without an arrest warrant in Nevada?

If you allegedly committed a misdemeanor, warrantless arrests are legal as long as the police witnessed the crime. If the police have reasonable cause to believe you committed a gross misdemeanor or felony, the police may make a warrantless arrest without having witnessed the crime.

4.1 Crime committed in the officer’s presence

Nevada law enforcement officers may make warrantless arrests when you allegedly commit the crime in the officer’s presence.⁷ This is because you might flee if police had to wait to get a warrant first.

4.2 Class of crime

If you allegedly committed a misdemeanor but the police did not witness it, then the police are required to secure an arrest warrant in order to make a lawful arrest.

But if the suspected crime is a gross misdemeanor or felony, then the police may make a warrantless arrest even if it occurred outside of their presence. The only condition is that the police must have reasonable cause to believe you committed it.⁸

Example: A pedestrian alerts a Henderson police officer to a fight occurring a few blocks away. The police officer goes to investigate and sees John holding a gun and another man suffering from a fresh gunshot wound. Even though the cop did not see John shoot the gun, the police may arrest John because he would have reasonable cause to believe John attempted to commit murder, which is a felony.

In sum, whether a warrantless search is legal depends on

1. whether the police witnessed the crime firsthand, and
2. whether the crime was a misdemeanor, gross misdemeanor, or felony.

5. How do police carry out arrest warrants?

Once a judge issues an arrest warrant, law enforcement has the authority to execute the warrant by arresting you.⁹ In order for an arrest to be legal, the police have to follow several rules regarding

1. timing,
2. location, and
3. force used.

5.1. Time of Arrest

If the charge is for a felony or gross misdemeanor, police may make an arrest at any time. For misdemeanors, police may make an arrest only between 7 a.m and 7 p.m. unless:

• the magistrate judge issuing the warrant allows a night arrest; or
• the officer witnessed the alleged criminal activity; or
• you have a warrant out for your arrest which the officer discovered only after stopping and detaining you in a public place on another alleged offense, such as speeding; or
• you voluntarily surrender in response to an outstanding arrest warrant; or
• you are already in custody from another lawful arrest; or
• the alleged offense is battery domestic violence or the violation of a temporary or extended order of protection against domestic violence.¹⁰

Once the arrest takes place in Nevada, you must be brought before a judge within 72 hours. If law enforcement fails to make this court date, then your attorney should be able to get you released.¹¹

Note that if police delayed too long to make an arrest, an attorney may be able to get the case dismissed; the attorney would argue that the delay prejudiced your right to a fair and speedy trial.¹²

5.2. Place of arrest

Police may make arrests anywhere. They do not have to have an arrest warrant with them when they make an arrest. Though if you ask for it, the police should provide it as soon as possible.¹³

Note that you do not have to let police in your home if there is no warrant out for your arrest. Though if you consent to let the police inside, then police no longer need the warrant to make the arrest.¹⁴

5.3. Necessary Force

If you resist arrest, the arresting officer may use “necessary force” to carry out the arrest, including violence.¹⁵ You could also face additional charges for resisting arrest.

6. What are summons and citations?

In less serious criminal cases, police can avoid making an arrest altogether if the judge issues a “summons” or the police officer simply writes a “citation.”

Obviously receiving a summons or citation is a lot less unpleasant than being arrested. Though as soon as you receive a summons or citation, it is important you retain counsel right away to begin fighting the charges.

Note that ignoring a summons or citation will result in the judge issuing a bench warrant for your arrest. This makes you vulnerable to

• extra jail time,
• fines, and
• a driver’s license suspension.

6.1. Summons

Prosecutors typically request judges to issue a summons in lieu of arrest warrants when:

• you are not a flight risk, and
• the alleged criminal activity is non-violent or minor¹⁶

Similar in appearance to a warrant, a summons is a notice that is either mailed or served on you by a process server.¹⁷ The summons orders you to appear in court on a specified date.¹⁸

6.2. Citations

When police witness alleged misdemeanor crimes, they often opt to issue a citation instead of arresting you.¹⁹ For instance, breaking minor Nevada traffic laws will usually result in citations rather than arrests.

A citation is similar to a summons in that it charges you with a crime and orders you to appear in court on a certain date to answer the charges.²⁰

Note there are some misdemeanors, such as battery domestic violence and DUI, where the police must formally arrest you instead of issuing a citation.²¹ If the police officer sees that you have an outstanding warrant, the officer will arrest you no matter how minor the crime is.²²

7. What is bail, and how is it set?

When judges issue a Nevada arrest warrant, they usually set a bail amount to go with it.²³ After you get arrested and booked, the court may release you if you pay the specified bail amount or post bond through a bail bondsman.

Bail money gets returned to you once the case concludes. In short, paying bail serves as a promise to the court that you will cooperate with authorities until the case resolves.

7.1. Bail Schedule

Every Nevada court has a ” bail schedule” matching each criminal offense with a specific bail amount.²⁴ Expectedly, judges set higher bail for more serious crimes.

In the most serious cases, the judge may refuse to set bail at all in order to keep you in custody throughout the duration of the case. This typically happens in cases where:

• the punishment includes death or life imprisonment, or
• you violated parole, or
• you are an escaped convict, or
• you are a flight risk.²⁵

7.2. O.R. Release

In cases that are more minor, the judge may decide to release you on your own recognizance (O.R.). This means you do not have to pay any bail as long as you make all future court appearances.²⁶

Note that defense attorneys can always request bail hearings to request that the judge lower bail or grant O.R. release.

8. Can I prevent an arrest warrant from being issued?

It depends. A pre-file investigation may be enough to stop a warrant from issuing. If not, a defense attorney may be able to prevent you from going to jail while the case proceeds.

8.1. Pre-file Investigation

Once you become aware that you are being investigated for a crime, you should contact a criminal defense lawyer right away. The attorney would then begin a “pre-file investigation“, which is where the attorney researches all the available evidence to size up the strength of the state’s case.

At this point, the attorney can explore various avenues to stave off an arrest warrant from being issued. One way is to show the D.A. exculpatory evidence (facts demonstrating your innocence) in order to persuade the state to drop the matter altogether.

8.2. If the warrant has already issued

Even if an arrest warrant has already been issued, a criminal defense lawyer can still take measures to mitigate the unpleasantness:

The attorney can voluntarily appear before the court with you and request O.R. release or a bail reduction. This is preferable to waiting for the police to make an arrest, which can be very embarrassing and disruptive if it happens at work.

By taking the initiative to go to court with counsel, you are showing the court that you are taking the case seriously and will follow proper criminal procedure without having to be detained in jail.

9. Can I turn myself in to the court that issued the arrest warrant?

Yes, but you should not turn yourself in without first consulting counsel. If you go to court by yourself without legal representation, it is very likely that the judge will turn a deaf ear to your excuses and order you to jail.

An experienced defense attorney knows which tactics hold the most sway with which judges. The attorney may be able to persuade the judge to release you on O.R. or reduce bail. In some cases, an attorney may even be able to have the warrant cleared without any kind of conditions or penalties at all.

10. What if I have an arrest warrant in Nevada but am out of state or the U.S.?

If you leave Nevada with the knowledge you have an active warrant in Nevada, you are considered a fugitive.²⁷ Being a fugitive is itself a crime that carries its own penalties.

If you are caught in another state or most countries, you may be extradited to Nevada to face charges. Predictably, if you are accused of felonies, you are more likely to be arrested and extradited than if you were accused of minor offenses, such as traffic tickets.

You are entitled to a hearing protesting the extradition order. Any jail time you serve in another state awaiting extradition will be credited towards your final sentence.²⁸ If you honestly did not know about the arrest warrant when you left Nevada, you may be able to be relieved of fugitive status.

Extradition is a complicated process with different rules for each jurisdiction. You should hire counsel in both Nevada and the state or country where you are arrested in order to safeguard your rights and expedite the extradition process.²⁹

Note that non-U.S. citizens with arrest warrants in Nevada are advised to retain legal counsel as soon as possible in an effort to avoid immigration court and deportation.

11. How do I fight illegal arrest warrants?

Arrest warrants are invalid if they are issued

1. without probable cause or
2. in breach of proper judicial procedure.³⁰

However, a faulty arrest warrant alone may not be enough to get the criminal charges dismissed.³¹

Two strategies criminal defense attorneys use to fight cases with illegal arrest warrants in Nevada are

1. to show the police committed misconduct in the case, or
2. to file a writ of habeas corpus.

11.1. Police misconduct

Police sometimes make mistakes and cut corners when investigating cases and making arrests. Therefore, defense attorneys should examine how your arrest warrant was acquired and executed.

Then the attorneys can use that information to assert to the court that the police acted wrongly. Furthermore, they can argue that any incriminating evidence police acquired due to the misconduct should be excluded from the case.³² For instance:

Example: A cop from Las Vegas Metropolitan Police Department has probable cause to believe Lars violated Nevada cocaine law in Laughlin and secures a warrant for his arrest. The cop arrests Lars in his home and then proceeds to search his entire house, where he finds more cocaine. Since the warrant did not authorize the cop to search Lars’ house, his attorney could probably get the cocaine excluded as evidence. And once it is excluded, the state’s argument that Lars possessed cocaine in Laughlin becomes much weaker. This may prompt the D.A. to dismiss the whole case.

In sum, if a defense attorney can show the Nevada police’s misconduct was illegal or could be prejudicial to you at trial, the prosecutor could be more willing to negotiate down the charges. If the judge agrees to suppress evidence found through the police’s misconduct, the prosecutor may even be willing to drop the charges altogether.

10.2. Writ of Habeas Corpus

If you are in custody on what may be an invalid arrest warrant, the defense attorney can file a writ of habeas corpus with the court.³³ The writ would spell out all the reasons why the incarceration is illegal.³⁴ If the judge agrees that you are being unlawfully jailed, the judge may release you.

12. Can I get an arrest record sealed in Nevada?

It depends on how the case turns out. If the case gets dismissed without any conviction, you can petition the court to seal the arrest records right away.³⁵

But if you get convicted, there is a one to ten (1 – 10) year waiting period to get a record seal depending on the case. Some convictions are unsealable.³⁶

Call a Nevada criminal defense attorney…

To learn more about the types of warrants in Nevada and for legal advice from our Las Vegas criminal defense attorneys, phone us today.

In California? Refer to our informational article on California arrest warrant laws.

In Colorado? Refer to our informational article on Colorado arrest warrant laws.

Our Las Vegas criminal defense attorneys clear arrest warrants and take on any other criminal matter in and around Clark County, Nye County, and Washoe County, including Henderson, Boulder City, North Las Vegas, Mesquite, Laughlin, Pahrump, Reno, and throughout the state of Nevada. Our attorneys also practice personal injury law.

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