Finding out that you have an active bench warrant can cause you to panic, worrying that a simple traffic stop or encounter with police could end with you being handcuffed in front of your family and potentially losing your job if you end up in the Clark County Detention Center. A bench warrant is issued by a judge, and ignoring it will not make the warrant disappear, but it can make resolving the underlying case considerably more difficult.
The good news is that an arrest is not necessarily inevitable. On the contrary, an experienced Las Vegas criminal defense attorney may be able to ask the court to recall or quash the warrant without you being taken into custody if you are proactive instead of waiting for a chance encounter to uncover the warrant.
Don’t wait for a traffic stop to dictate your future. We can often clear warrants without you seeing the inside of a jail cell. Call us now for a confidential review.
What Does an Active Bench Warrant Mean in Nevada?
A bench warrant is not the same as an arrest warrant, although both can lead to an arrest. While an arrest warrant is typically issued by a judge as part of an ongoing criminal investigation, a bench warrant is usually issued because someone failed to comply with an existing court obligation. Once the warrant is active, however, law enforcement can execute it and take you into custody.
Why Was This Warrant Issued?
Failing to appear for a scheduled court hearing is among the most common reasons for a judge to issue a bench warrant. A bench warrant may also be issued if you failed to comply with a court order or violated your pre-trial release conditions or the terms of your probation.
The Immediate Risks: What Happens If You Ignore a Las Vegas Bench Warrant?
People frequently make the mistake of ignoring a bench warrant, either because they are unsure how to properly resolve it or because they are afraid to face the consequences. Ignoring a bench warrant, however, leaves you vulnerable to arrest at any time and removes the option to resolve the warrant on your own terms.
Arrest at Any Time
Under NRS 171.106, any peace officer in the state can arrest you if an open bench warrant is discovered. As such, a routine traffic stop or ID check by a Las Vegas casino could lead to your arrest in front of family, friends, or even work colleagues.
Bail Forfeiture and Bounty Hunters
If you are out on bail when the warrant is issued, Nevada law permits a judge to forfeit and revoke your bail. Along with financial consequences, bail revocation can result in the bail bondsman sending recovery agents (bounty hunters) to find you and take you into custody.
Driver’s License Suspension
If your warrant arose from a traffic-related offense, your driving privileges can be suspended by the Nevada DMV.
The 30-day window to avoid a felony failure-to-appear charge is closing. Contact The Vegas Lawyers immediately to file a Motion to Quash.
The Hidden Danger: “Failure to Appear” as a Separate Criminal Charge
Along with triggering the issuance of a bench warrant, missing a scheduled court appearance can result in being charged with a separate criminal offense for “failing to appear” under NRS 199.335.
Misdemeanor vs. Felony FTA Under NRS 199.335
Under Nevada law, failing to appear in a case in which you are only facing misdemeanor charges can result in an additional misdemeanor charge for failure to appear, punishable by up to six months in jail if convicted. If the underlying case involved felony charges, you may be charged with another Category D felony for failing to appear, adding an additional one to four years in prison if you are convicted. You could also be charged with a separate Category D felony if you intentionally left the state to avoid prosecution for a misdemeanor offense.
The 30-Day Surrender Window
NRS 199.335 provides an important 30-day window following a missed court date during which a defendant can potentially avoid an additional charge for failing to appear. This surrender window provides a powerful incentive to retain an attorney and resolve an outstanding bench warrant now.
How to Clear a Bench Warrant in Las Vegas (Without Going to Jail)
An active bench warrant does not necessarily mean that your only option is to walk into a police station and surrender. Depending on the circumstances, your attorney may be able to approach the court and arrange for the warrant to be recalled.
Filing a “Motion to Quash”
A criminal defense attorney may be able to resolve an active bench warrant by filing a Motion to Quash. If granted, this will result in the court recalling and voiding the warrant.
Do You Have to Appear in Court?
In many situations involving misdemeanor or non-violent offenses, one of the attorneys at The Vegas Lawyers can appear on your behalf for the Motion to Quash hearing, eliminating the possibility of an arrest at the courthouse.
Showing “Good Cause” to the Judge
The explanation provided for why you failed to appear can significantly impact how the judge responds to a request to recall the warrant. For example, if we can provide documentation showing that there was a medical or family emergency, you were incarcerated in another jurisdiction, or that you were never notified of the hearing date, we stand a stronger chance of successfully getting the warrant recalled.
Mistakes That Will Guarantee You End Up in Custody
No strategy can absolutely guarantee that you will avoid custody, but making several common mistakes can substantially increase your risk of ending up in custody.
Walking Into the Police Station Alone
Although it is wise to address an active bench warrant, simply walking into the LVMPD without a lawyer will result in being taken into custody and held at CCDC until a court appearance can be scheduled. The police cannot ignore a valid court order, and they lack the authority to rescind the order. The best way to avoid this outcome is to consult with an attorney before acting.
Ignoring the Problem Because You Live Out of State
Leaving the State of Nevada does not make a bench warrant go away. On the contrary, the warrant is entered into the NCIC system and can follow you wherever you go. Consequently, an encounter with the police in another state will likely result in your arrest and potential extradition back to Nevada.
How The Vegas Lawyers Defend Your Freedom
The best way to handle a bench warrant is to be proactive instead of waiting for a random police encounter to result in an arrest. The Vegas Lawyers will immediately reach out to the District Attorney or City Attorney, file the legal documents necessary to get the warrant recalled, and fight to get bail reinstated so that you can get your life back on track.
A bench warrant is serious, but hiding from it gives the court fewer reasons to view your situation favorably. If you discover an active warrant in Las Vegas or Clark County, contact The Vegas Lawyers promptly for a confidential consultation.
FAQ Section
Will I go to jail for a bench warrant in Nevada?
Not necessarily. You will go to jail if the warrant is uncovered during a random encounter with the police, but you may be able to avoid jail if The Vegas Lawyers proactively addresses the warrant on your behalf.
Can a bench warrant be dismissed in Las Vegas without me going to court?
Yes. It is possible for your lawyer to appear on your behalf and get a bench warrant dismissed, depending on the underlying charges and circumstances.
How long does a bench warrant stay active in Nevada?
A bench warrant can remain active indefinitely unless a judge recalls the warrant.
Can I fly out of Harry Reid International Airport if I have a bench warrant?
Although an active warrant does not necessarily mean TSA will stop you and arrest you while boarding a domestic flight, warrants are frequently picked up when screening international flights, and any encounter with law enforcement could lead to an arrest if you have an open warrant.
What is a motion to quash a warrant in Clark County?
It is a motion filed by your lawyer asking the court to recall, or void, the current warrant.
How much does a criminal defense lawyer cost to clear a warrant in Las Vegas?
Fees vary according to the underlying charge, court, age, and circumstances of the warrant, and work required. An attorney can quote a fee after reviewing the case.
Will a bench warrant show up on my background check for a job?
It may appear in certain criminal record or background searches, depending on the databases searched and the information reported.
What would happen if I missed my court date because I was in the hospital?
The court will likely issue a bench warrant, but an attorney can use your medical records to explain why you missed court when requesting that the warrant be recalled.
Take control of the situation before law enforcement does. Schedule your free, confidential consultation today.