If you have an active warrant in Las Vegas, you could wind up in jail because the warrant shows up during a routine traffic stop. To avoid such a scenario, it is in your best interest to perform a Las Vegas warrant search and to address the warrant immediately if one does exist.

What Is the Difference between a Bench Warrant and a Search Warrant?

While either a bench warrant or an arrest warrant could result in your arrest, these are different types of warrants. An arrest warrant is issued when a judge is convinced that there is probable cause to believe you committed a criminal offense. Think of an arrest warrant as “step one” in a criminal prosecution in which you are the defendant. Once an arrest warrant has been issued, law enforcement agencies may actively search for you to arrest you.

A bench warrant, on the other hand, can be issued for a variety of reasons and may be issued at any point during a criminal prosecution. A bench warrant can even be issued after the conclusion of a criminal case because this type of warrant is based on a violation of court rules. For example, if you fail to appear at a court hearing, or you fail to report to probation as directed, the court might issue a bench warrant.

How Can I Conduct a Las Vegas Warrant Search?

The first step in getting a warrant recalled or vacated is to find out that a warrant is active. There are several ways to conduct a Las Vegas warrant search. If you believe the warrant was issued within the city limits, you can try navigating to the City of Las Vegas warrant search website and provide the requested information. You can also call the following courts as part of your Las Vegas warrant search:

• Las Vegas Municipal Court (702) 229-6201
• No Las Vegas Municipal Court (702) 633-1130
• No Las Vegas Justice Court (702) 455-7801
• Henderson Justice Court (702) 455-7951
• Clark County Justice Court (702) 671-3201

The best way to ensure that your search for active warrants is conducted thoroughly and accurately, however, is to contact an experienced Las Vegas criminal defense attorney. Along with knowing that you have covered all the bases in your search for warrants, involving an experienced attorney allows you to immediately and efficiently address a warrant if one is uncovered.

What Should I Do If I Have a Las Vegas Warrant?

If your own Las Vegas warrant search turns up an active bench warrant, a motion must be filed with the court to get the warrant quashed (remove the warrant). The court will typically set the matter for a hearing at which time you or your attorney can address the underlying basis for the warrant.

If you have an active arrest warrant, you will have to be “processed” before the warrant can be recalled. Processing is where they take your fingerprints and “mug” shot. While there is rarely a way around being officially arrested when you have an arrest warrant, having an experienced Las Vegas criminal defense attorney on your side can help you get through the process as quickly and smoothly as possible. Your attorney may be able to arrange to have your bail paid ahead of time or even get your bond reduced and, if a hearing is required, your attorney may be able to get you scheduled on the court’s docket as soon as possible, so you do not have to remain in jail any longer than necessary.

What Should I Do If I Am Concerned about a Las Vegas Warrant?

If you are concerned that you have an active arrest warrant in or around Las Vegas, contacting an experienced criminal defense attorney at The Vegas Lawyers is in your best interest. We can confirm that a warrant is active or assure you that you have no warrants. If you do have an active warrant, we will work with you to address the warrant as quickly as possible. If you are worried about a Las Vegas warrant, call us at 702-707-3000 or contact us online.

If you have reason to believe you have an active warrant, you understandably want to know what your options are for dealing with the warrant. For example, if you have a warrant can you just pay it? Will you be required to go to a court hearing or be arrested if you have an active warrant? Because every situation involving a warrant is unique, your best bet is to consult with an experienced Las Vegas criminal defense attorney. In the meantime, however, it helps to learn more about your legal options when you have an active warrant.

Bench Warrant vs. Arrest Warrant?

There are two types of warrants that could be issued: a bench warrant or an arrest warrant. A bench warrant is issued when a judge believes you violated an order of the court, while an arrest warrant is issued when a judge is convinced there is sufficient probable cause to believe you committed a criminal offense.

Can I Just Pay a Warrant?

Unfortunately, it is rarely as simple as “paying” a warrant if you want the warrant to go away. You may, however, need to pay a fine, court costs, child support, or another court-ordered financial obligation as part of the process of getting a bench warrant quashed. It is important to understand though that even if you fulfill the financial obligation, a bench warrant does not automatically go away. A motion must be filed with the appropriate court asking the court to quash (get rid of) the warrant. The court may rule on the motion without a hearing or may require you to appear at a hearing before deciding whether to quash the warrant. To ensure that a bench warrant has been officially quashed, it is best to work with an experienced attorney.

If the warrant is an arrest warrant, you cannot pay to have it recalled. Moreover, an arrest warrant is not based on a financial obligation. The only way to get an active arrest warrant dealt with is to turn yourself into the police or work with an experienced criminal defense attorney and arrange for you to go through the official steps involved in being arrested and processed. Your attorney may be able to make the process less stressful and be able to move the process along faster.

How Do I Know How Much to Pay and Who to Pay If I Have a Bench Warrant?

Another important reason to work with an attorney when you have a bench warrant is to ensure that you understand exactly how much money you owe and who you owe. For example, if you are behind on child support, you likely need to pay the Clerk’s office (not the child’s parent) and you should get a current arrearage report before making any payments to find out exactly how far behind you are. Likewise, if you owe court fines or fees, you need to make sure you know how much you owe to avoid making a payment that fails to result in resolving the basis of the warrant.

What Should I Do about a Las Vegas Warrant?

If you have reason to believe that you have an active warrant, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible. We can check on the warrant and discuss your legal options with you. Before trying to pay off a Las Vegas warrant, call us at 702-707-3000 or contact us online.

If you are convicted of a criminal offense, either because you entered into a guilty plea agreement with the State or because you were found guilty at trial, you may end up spending some time on probation or parole. While people often use those terms interchangeably, they are not the same thing. Whether you are currently facing criminal charges or have already been sentenced, it is important to understand the similarities and differences between parole vs. probation.

What Is Probation?

Probation is a sentencing alternative that can be used in lieu of, or in addition to, incarceration that allows someone who has been convicted of a crime to remain in the community under the supervision of a probation officer. Typically, a defendant is sentenced to a period of incarceration with some or all that time suspended under the condition that the defendant spends that time on probation. For example, you might be sentenced to spend 365 days in jail with 335 days suspended and 335 days on probation. In that case, you would spend 30 days in jail followed by 335 days on probation.

The judge presiding over the prosecution of your case is the one who sentences you to probation and that court retains jurisdiction over you while you are on probation. While on probation, you will be supervised by a probation officer and be required to abide by standard and special conditions. Standard conditions of probation apply to all probationers and include things such as maintaining employment, abstaining from drugs and alcohol, and reporting to your probation officer on a regular basis. Special conditions apply to you specifically based on your history and/or the facts of the case and include things such as abiding by a no-contact order, completing a drug or alcohol rehabilitation program, or paying restitution for damages.

What Is Parole?

Parole is not part of a defendant’s sentence. Instead, parole is a period of supervised release that follows a period of incarceration in the state or federal prison system. Parole is granted by the Parole Board, not by a judge, and allows an inmate to be released before finishing his/her entire sentence, but only after the inmate has served the applicable mandatory minimum sentence. The time remaining on the inmate’s sentence is then spent on parole. While on parole, the individual is subject to the jurisdiction of the Parole Board and is under the supervision of the Nevada Division of Parole and Probation (P&P). The conditions of parole are very similar to those of probation.

Parole vs Probation: What Happens If I Violate the Terms and Conditions of Parole or Probation?

One of the most important differences between probation and parole can be found in the procedures and consequences of a violation; although, a violation of probation or parole could result in a return to jail or prison.

Because the original sentencing court retains jurisdiction over you while you are on probation, an alleged violation of probation is addressed by that court. You have the right to have an attorney represent you at a probation violation hearing, a right you should exercise given what is at stake. If the judge finds that you did violate your probation, the judge may simply issue a warning, add additional time or conditions to your probation, or revoke your probation and order you to spend time in jail.

Parole violations are addressed by the Parole Board, the same people who granted you parole in the first place. The potential consequences of a parole violation are similar to those of a probation violation and may include a return to prison to finish out the remainder of your original sentence if the Parole Board deems the violation to be a serious one.

What Should I Do If I Am Facing a Parole or Probation Violation?

If you have formally been charged with violating probation or parole, or you have reason to believe you will be facing allegations of a violation in Las Vegas, it is in your best interest to speak to an experienced criminal defense attorney at The Vegas Lawyers right away by calling 702-707-3000 or contacting us online.

Despite impressive campaigns by both government authorities and private advocacy groups aimed at getting motorists to refrain from driving while under the influence, drunk driving deaths still occur every 50 minutes across the United States and one out of every three motor vehicle crash fatalities involves a driver driving while under the influence. Not surprisingly, penalties for driving under the influence have been increased in many states to discourage drivers from getting behind the wheel after consuming alcohol or ingesting a controlled substance. If you have been arrested in Nevada for DUI, it’s important that you understand if a DUI is a felony and the potential penalties involved if you are convicted.

What Is a DUI in Nevada?

In the State of Nevada, driving under the influence is governed by Nevada Revised Statute § 484C.110 which makes it illegal to operate a motor vehicle:

• While impaired by drugs or alcohol.
• With a blood alcohol content (BAC) of 0.08% or higher.
• While under the influence of a controlled substance.

While most people equate DUI with having a BAC of 0.08 percent or higher, it is important to understand that you can be charged and convicted of DUI in Nevada without the results of a chemical test or with results indicating a BAC of less than 0.08 percent.

Is a DUI a Felony in Nevada?

Typically, DUI is charged as a misdemeanor in Nevada if it is a first or second offense; however, some circumstances can result in even a first-time DUI being charged as a felony. A DUI may be charged as a felony in Nevada if any of the following apply:

• Third or subsequent DUI. If you have two prior DUI convictions within the previous seven years, this DUI will be charged as a felony.
• Prior felony DUI. You will be charged with a felony DUI if you have a previous conviction for a felony DUI.
• Injury or death. If you cause substantial bodily harm to another person while driving under the influence, you can be charged with felony DUI.
• Vehicular homicide. If you have at least three prior DUI convictions, and you caused a death, you can be charged with DUI as a felony.

What Penalties Do I Face If Convicted of DUI in Nevada?

The potential penalties for a DUI conviction in Nevada will depend on whether you are convicted of a misdemeanor or felony offense.

If you are convicted of a misdemeanor DUI, you may be sentenced to spend two days to six months in jail, pay a fine of $400-$1,000, and be required to install (and pay for) an ignition interlock device in your vehicle and/or have your driving privileges suspended for six months along with a variety of other fees and sentencing requirements. A second DUI conviction carries a minimum sentence of ten days in jail, a license suspension of one year, and increased fines and fees.

If you are convicted of a felony DUI in Nevada, the potential penalties increase significantly. A third DUI conviction within seven years is charged as a Class B felony and carries with it a sentence of one to six years in prison, a fine of up to $5,000, and a three-year license suspension. For a vehicular homicide conviction, you could be sentenced to life in prison in Nevada.

Whether you are convicted of DUI as a misdemeanor or felony, there are a multitude of additional non-judicial penalties to consider, such as lost employment opportunities, increased insurance rates, and problems with your immigration status if you are not a United States citizen.

What Should I Do If I Have Been Charged with DUI in Nevada?

If you have been charged with driving under the influence (DUI) in Nevada, it is in your best interest to speak to an experienced criminal defense attorney at The Vegas Lawyers right away to discuss possible defenses and to better understand your legal options. You can reach us by calling 702-707-3000 or https://thevegaslawyers.com/contact-us.

Like most states, Nevada law differentiates between various circumstances involving killing a human being. The most serious of all homicide offenses is capital murder. If you have been charged with capital murder it is crucial that you understand how capital murder differs from other homicide offenses, the elements required to convict you, and the legal implications if you are convicted. So what is capital murder?

What Is Capital Murder in Nevada?

Capital murder is the most egregious of all offenses that involve a killing and is the only criminal offense for which you can receive the death penalty in Nevada. Capital murder is first-degree murder plus at least one aggravating circumstance that outweighs the mitigating circumstances.

How Does Nevada Define First-Degree Murder?

For a killing to be eligible to be charged as capital murder it must first meet the definition of first-degree murder. A killing meets the definition of first-degree murder under Nevada law if the killing was:

1. Accomplished by means of poison, lying in wait or torture, or by any other kind of willful, deliberate, and premeditated killing (commonly known as “premeditated” murder).
2. Committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years, child abuse or abuse of an older person or vulnerable person (commonly referred to as “felony” murder).
3. Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal.
4. Committed on the property of a public or private school, at an activity sponsored by a public or private school, or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.
5. Committed in the perpetration or attempted perpetration of an act of terrorism.

What Makes a First-Degree Murder a Capital Murder in Nevada?

For a murder to be considered as a capital murder, the murder must qualify as first-degree murder plus one or more aggravating circumstances must be found and any mitigating circumstance or circumstances which are found cannot outweigh the aggravating circumstance or circumstances.

That does not mean that all first-degree murder cases that potentially qualify as capital murder are charged as such. The prosecuting attorney decides whether to charge a case as capital murder.

What Is the Potential Sentence?

The reason the term “capital” murder is used to describe the most serious homicide crimes is that a defendant can be sentenced to death (capital punishment) if convicted of capital murder. When a defendant is convicted of capital murder at trial, the jury makes a separate decision on whether to impose the death penalty during the trial’s sentencing phase.

Just as the jury must reach a unanimous verdict to convict a defendant of first-degree murder, the jury must also unanimously vote to impose the death penalty for a defendant to be sentenced to death. If the death penalty is not imposed, the sentence for first-degree murder ranges from 50 years to life in prison without parole.

What Should I Do If I Was Charged?

If you’ve been charged with capital murder in Las Vegas, it is imperative that you consult with an experienced criminal defense attorney at The Vegas Lawyers right away to ensure that your rights are protected throughout the prosecution of your case by calling 702-707-3000 or contacting us online.