Bench Warrants in Las Vegas & Nevada: Definition and FAQs Explained

In Nevada, understanding bench warrants in Las Vegas is crucial for anyone involved in the justice system or concerned about their legal standing. A bench warrant is a type of arrest warrant issued by a judge or court, typically as a result of someone failing to appear for a scheduled court hearing. Unlike arrest warrants, which are generally sought by law enforcement during criminal investigations, bench warrants are judicial orders compelling the arrest of an individual to ensure their presence in court.

Knowing the implications of a bench warrant is imperative, as failing to address one can escalate into more severe legal consequences. These warrants can result in an unexpected arrest at any time, potentially during routine traffic stops or other encounters with law enforcement.

If you think or know that you have a bench warrant out for your arrest in Las Vegas or Nevada, we recommend seeking legal counsel and addressing the issue promptly. The Defenders can provide you with the legal assistance and guidance needed to resolve bench warrants effectively.

Contact our office today to discuss your situation.

What is a Bench Warrant?

A bench warrant is an official court order issued by a judge that authorizes law enforcement to arrest an individual. It is typically issued when someone fails to appear in court or does not comply with a court’s orders.

Unlike an arrest warrant, which is issued for suspected criminal activity, a bench warrant is usually related to civil matters such as unpaid fines or failure to appear in court for a scheduled hearing. However, it can also be issued for more serious offenses such as violating probation or parole.

The term “bench warrant” derives from the fact that it is issued by a judge while presiding over court proceedings, quite literally from the “bench” in the courtroom. This underscores the authority vested in the judicial system to ensure adherence to its rulings and maintain the integrity of the legal process.

How Do Bench Warrants Work?

Bench warrants are typically initiated by the judge or court clerk when an individual fails to comply with a court’s orders. This can include failing to appear for a scheduled hearing, violating the terms of probation or parole, or not paying fines or fees as ordered by the court.

Once issued, bench warrants are entered into law enforcement databases and can lead to the arrest of the individual at any time. If stopped by law enforcement while on a warrant list, the person will be taken into custody and brought before the issuing court.

Reasons for Issuing a Bench Warrant: When Are Bench Warrants Issued?

Bench warrants can be issued in various circumstances, but as stated above, they generally stem from a person’s failure to comply with court orders or obligations. Some common scenarios that may prompt a judge to issue a bench warrant include:

Failure to Appear in Court

One of the primary reasons for issuing a bench warrant is when a defendant or party fails to appear in court on a designated date and time. This could be for an initial arraignment, pre-trial conference, trial, sentencing hearing, or any other scheduled court appearance. By not showing up, the individual violates the court’s order, potentially leading to the issuance of a bench warrant.

Violation of Probation or Parole Conditions

Individuals on probation or parole are required to adhere to specific conditions set forth by the court or parole board. If they violate these conditions, such as committing a new offense or failing to comply with reporting requirements, a bench warrant may be issued to facilitate their arrest and return to custody.

Failure to Pay Court-Ordered Fines or Child Support

In cases where an individual has been ordered to pay fines, restitution, or child support, a bench warrant may be issued if they fail to make the required payments. This action is taken to compel compliance with the court’s financial orders and ensure accountability.

Failure to Comply with Court Orders

Bench warrants can also be issued when an individual disregards other court orders, such as failing to appear for a deposition, neglecting to produce requested documents, or violating the terms of a restraining order or injunction.

 

Consequences of a Bench Warrant

The issuance of a bench warrant carries significant consequences for the individual named in the warrant. Once the warrant is active, law enforcement officers have the authority to arrest the person at any time and in any location, whether at home, work, or during a routine traffic stop.

For example, if a police office pulled you over for speeding and ran your information, they may find an active bench warrant for your arrest. This could result in immediate detainment and transport to the issuing court. Instead of a simple traffic ticket, you could be arrested on the spot.

Upon arrest, the individual may be taken into custody and held until they can be brought before the court that issued the warrant. Depending on the circumstances and the judge’s discretion, the individual may be released on bail or bond, or they may be held in custody until their case is resolved.

It is crucial to understand that ignoring or attempting to evade a bench warrant is not a viable solution. Law enforcement agencies have access to extensive databases and resources, making it increasingly difficult to avoid eventual apprehension.

Differences Between Bench Warrants and Arrest Warrants

While both bench warrants and arrest warrants authorize law enforcement to take someone into custody, there are some key differences between them.

Bench Warrant

• Issued by a judge from the bench during court proceedings
• Typically stems from a failure to comply with court orders or obligations
• Can be issued without prior notice or a formal complaint from law enforcement

Arrest Warrant

• Obtained by law enforcement officers based on probable cause of criminal activity
• Requires the presentation of evidence and a formal request to a judge
• Issued after a judge reviews the evidence and determines that there is sufficient justification for an arrest

Bench warrants are typically related to civil matters and issued by judges during court proceedings. They serve to compel individuals to comply with court orders and appear in court when required. On the other hand, arrest warrants are based on evidence of criminal activity and issued by judges upon request from law enforcement.

It is important to note that the procedures for obtaining and executing bench warrants and arrest warrants may vary depending on the jurisdiction and the specific circumstances of each case.

Quashing a Bench Warrant

If you become aware that a bench warrant has been issued for your arrest, it is advisable to take immediate action to address the situation. One option is to consult with an experienced criminal defense attorney who can guide you through the process of quashing (canceling) the bench warrant.

Quashing a bench warrant typically involves appearing before the court that issued the warrant, either voluntarily or through an arranged surrender facilitated by your attorney. By demonstrating a willingness to comply with the court’s orders and addressing the underlying issues that led to the warrant, the judge may consider revoking the bench warrant and setting a new court date or issuing alternative instructions.

Can You Pay Off a Warrant?

No, warrants cannot be paid off. They are legal orders issued by a judge and can only be resolved through the judicial system. Only the court that issued the warrant has the authority to cancel it or modify its terms.

Additionally, attempting to pay off a warrant may indicate an admission of guilt and potentially have further consequences in the legal process. It is best to consult with a lawyer before taking any action on an active bench warrant.

Bench warrants are different from fines or fees that can be paid to resolve a traffic ticket, for example. They are not a monetary penalty but rather a legal order for an individual’s arrest.

Facing a Warrant? Hire The Defenders

If you are facing a bench warrant or believe one may have been issued for your arrest, it is crucial to take action and seek legal counsel. The experienced criminal defense attorneys at The Defenders can guide you through the process of addressing the warrant and protecting your rights.

Our team has a deep understanding of the judicial system and can work with you to develop a strategy that best suits your situation. We are committed to providing aggressive representation and fighting for the best possible outcome for our clients.

Don’t let a bench warrant derail your life. Contact The Defenders today and let us defend your freedom!

Frequently Asked Questions