Arrest Warrants: What Are They & When Are They Issued

Arrest warrants are one of the first steps in criminal proceedings. Police and the prosecutors will investigate criminal activity in a variety of ways and determine who may be at fault or have enough evidence to pursue a person of interest. 

Once that has been established and authorities believe they have enough probable cause, a warrant will be issued for your arrest.

These are known as arrest warrants and they differ from other warrants issued by the court.

Note that arrest warrants never expire until you are apprehended, turn yourself in, or the judge agrees with your request to recall the warrant.

To find out if you have a warrant out for your arrest you can search online in certain circumstances under warrant status. 

Arrest warrants will stay active until they are cleared and taken care of. You can be arrested at any time, even at work, putting your job in jeopardy. 

If you suspect you have a warrant out for your arrest you should contact a defense attorney and speak with them about the next steps. The Defenders is a criminal defense firm with experience in handling warrants and can help guide you through the legal process while protecting your rights.

Contact our office today if you believe there may be an outstanding warrant for your arrest.

How Are Arrest Warrants Carried Out?

There are a number of ways that arrest warrants can be carried out with and without a warrant.

Again being arrested for a warrant can happen at any time or anywhere.

If you committed a misdemeanor offense a police officer can arrest you if they witness the crime. 

If the police have reasonable cause to believe you committed a gross misdemeanor or felony, they can arrest you without a warrant without being witnesses to the crime.

This represents a significant gray area in law enforcement, and when presented in court, it can be easily discredited, since probable cause is subjective in nature.

If you have a warrant out for your arrest and you get pulled over for a traffic violation you can be arrested on the spot. 

Once arrested you must be able to see a judge within 72 hours. You may be released on bail or on your own recognizance depending on the charges against you.

However, it’s recommended that you speak with a lawyer first before any court hearing.

How Does Bail Work?

After you have been arrested for your arrest warrant you will be booked into the jail of the jurisdiction of the town the crime took place in. 

Depending on the case you may be required to pay a specific amount of money to gain release from jail known as bail. You can also post bond through a bail bondsman, which involves paying a percentage to the court to guarantee your appearance at scheduled court hearings.

Bail money gets returned to you after the case concludes in the court as long as you do not miss any court appearances.

In more serious cases like murder, bail may be refused to a suspect. Meaning, they will remain in custody of the jail throughout the duration of the criminal case. In less serious crimes like misdemeanors, a judge may decide to release you on your own recognizance without having to pay at all. 

Defense lawyers can request bail hearings to lower bail or grant a release. 

Can an Arrest Warrant Be Prevented?

A pre-file investigation may be enough to stop a warrant being issued for your arrest because the investigation leads in another direction.

If not, your legal team may be able to keep you out of jail while the case works its way through the court.

What if I Want to Turn Myself In?

If you learn of an arrest warrant that has been issued for your arrest you can absolutely turn yourself into the court or police station but you should never do this without legal counsel. You may be able to get a lower bail or released or your own recognizance with a lawyer present.

Without a lawyer you may not have those options.

If you have a bench warrant rather than an arrest warrant, a lawyer can usually get the bench warrant dismissed or quashed without having to appear in court at all. Then the underlying criminal case would proceed like the bench warrant never existed.

What Are the Differences Between Various Types of Warrants?

There may be some confusion between the different types of warrants that are issued by authorities and there are several.

1. Arrest warrant: these are warrants issued based on an investigation of crime or probable cause of a crime. Police issue this warrant to bring the suspected defendant to the jail and process them for the crime. 
2. Bench warrant: A warrant issued to arrest someone who failed to appear in court or comply with court orders. This includes failure to appear for jury duty.
3. Search Warrant: A warrant issued by a judge to allow police to search a specific area for evidence of a crime. During a search warrant, police may take things from the space they are searching that they consider evidence of the crime. 

What if I Am Out of State and Have an Arrest Warrant in Nevada?

If an arrest warrant is issued for your arrest in Nevada you can be arrested at any time, even in another state. If the crime is serious enough. you will be extradited to Nevada to face the charges.

Extradition is the transfer of a prisoner from one state to another for the purposes of clearing a criminal case. 

Extradition occurs when the state where a crime was committed requests the transfer of a suspected criminal from the state that currently holds them. Extradition can be complex since every jurisdiction has different rules. 

When facing extradition to Nevada for an arrest warrant you need to hire a Nevada lawyer as well as a lawyer where you were arrested to assure they work together to protect your rights and ensure the extradition process is smooth.

How Do I Fight an Arrest Warrant?

There are a few strategies where a lawyer can challenge an arrest warrant before facing trial for charges.

1. To show the warrant was issued without probable cause or in breach of proper legal procedures.
2. To show police misconduct. For example, if the police collected evidence through an unlawful search without a search warrant.
3. To file a writ of habeas corpus- arguing that your incarceration is illegal.

How Can the Defenders Help?

As you can see, the court process once an arrest warrant is issued can be complicated and the consequences of even being arrested can last a lifetime. Hiring the team at The Defenders can help you get your case cleared before you enter the legal system. 

You should never speak with investigators without legal representation.

Thinking of turning yourself in because you didn’t do it and have nothing to hide can be the biggest mistake you ever make.

Never go to the police without a lawyer. You get a better shot at lower bail or being released on your own reconnaissance with a lawyer than without. 

All people facing criminal charges are offered a public defender free of charge if they can’t afford a lawyer. However, these public defenders have many cases and you may not even meet them until your first court appearance. 

In some cases, they are new out of law school and not experienced in the court system as well as the charges against you. 

If you’re being extradited from another state, having a public defender could lead to you being incarcerated for a long time while the extradition is run through the courts.

Our attorneys has been representing clients for all types of charges for decades. 

We have a track record of winning our cases or getting the best possible outcome for our clients. 

When facing criminal charges in Nevada, call The Defenders today.