Arrest Warrant Lawyer in Las Vegas, NV
If you have a misdemeanor or felony warrant for your arrest issued by any court in Clark County, then contact attorney James C. Gallo. Mr. Gallo is an experienced criminal defense attorney who represents clients with outstanding warrants throughout the Municipal Courts of Las Vegas, North Las Vegas, Henderson or Boulder City, the Henderson Justice Court or the Clark County Courts include the Las Vegas Township Justice Court or Eighth Judicial District Court.
Having the best strategy for dealing with the warrant can potentially keep you out of jail and prevent the creation of a criminal record. He might also help you save you time, money and frustration. If you have a warrant issued by the Las Vegas Municipal Court, the North Las Vegas Justice Court, the Henderson Justice Court, or the Clark County Justice Court, then Attorney James C. Gallo can help you determine the best way to deal with the warrant. Call (702) 385-3131 today.
Different Types of Warrants in Nevada
The different types of warrants in Las Vegas and throughout the State of Nevada can include:
- the bench warrant issued by the judge after a “failure to appear” in court;
- an felony or misdemeanor arrest warrant issued by a judge after a criminal investigation;
- an felony or misdemeanor arrest warrant issued by a judge because of a violation of probation; or
- an extradition warrant to bring an inmate back to Nevada from another state or to hold an inmate in Nevada while awaiting transport to another state.
If you have a warrant issued by the Clark County Justice Court, the Henderson Justice Court, the North Las Vegas Justice Court, the North Las Vegas Municipal Court or the Las Vegas Municipal Court, then contact James C. Gallo to discuss the best ways to get your warrant set aside or quashed today.
Nevada Law on Warrants
The statutory provisions of Nevada law related to warrants and summonses are found in Chapter 173 related to indictment and information and in Title 14 for procedures in criminal cases.
Requirements for Issuance of Warrant or Summons in Nevada
N.R.S. 173.145 sets out the requirements for the issuance of warrant or summons. It provides as follows:
- Upon the request of the Attorney General acting pursuant to a specific statute or the district attorney, the court shall issue a warrant for each defendant named in the indictment or information.
- The clerk shall issue a summons instead of a warrant upon the request of the district attorney, the Attorney General or by direction of the court.
- Upon like request or direction the clerk shall issue more than one warrant or summons for the same defendant.
- The clerk shall deliver the warrant or summons to the peace officer or other person authorized by law to execute or serve it.
- If a defendant fails to appear in response to the summons, a warrant must be issued.
Requirements for the Form of the Summons in Nevada
N.R.S. 173.185 sets out the form of a summons. It provides that the “summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place.”
Requirements to Execute the Warrant and Serve the Summons in Nevada
N.R.S. sets out the requirements under 173.195 for the execution of the warrant and the service of the summons. It provides that the “warrant shall be executed or the summons served as provided in NRS 171.114, 171.118 and 171.122. A summons to a corporation shall be served as provided in NRS 171.122. The officer executing the warrant shall bring the arrested person promptly before the court or, for the purpose of admission to bail, before a magistrate.”
Nevada Law on the Return of the Warrant and Summons
N.R.S. 173.205 sets out the requirements for the return of the warrant and summons. It provides that the “t[h]e peace officer executing a warrant shall make return thereof to the court. At the request of the Attorney General acting pursuant to a specific statute or the district attorney any unexecuted warrant must be returned and canceled. Subsection 2 provide that “[o]n or before the return day the person to whom a summons was delivered for service shall make return thereof.
Subsection 3 provides that “[a]t the request of the Attorney General acting pursuant to a specific statute or the district attorney, made at any time while the indictment or information is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved or a duplicate thereof may be delivered by the clerk to a peace officer or other authorized person for execution or service.”
Ordering the Defendant Charged with a Felony into Custody in Nevada
N.R.S. 173.175 sets out the requirements for ordering the defendant charged with a felony into custody unless increased bail is given. It provides that “[w]hen the indictment or information is for a felony and the defendant before the filing thereof has given bail for the defendant’s appearance to answer the charge, the court in which the indictment or information is presented, or in which it is pending, may order the defendant to be committed to actual custody unless the defendant gives bail in an increased amount, to be specified in the order.”
Form of the Warrant and Method of Fixing the Amount of Bail in Nevada
N.R.S. 173.155 sets out the form of the warrant and the method for fixing and endorsement of amount of bail. It provides that the “form of the warrant shall be as provided in NRS 171.108 except that it shall be signed by the clerk, it shall describe the offense charged in the indictment or information and it shall command that the defendant be arrested and brought before the court. The amount of bail may be fixed by the court and endorsed on the warrant.”
Setting Bail in One County When Arrested in Another County in Nevada
N.R.S. 173.165 sets out the manner of proceeding on giving bail in another county. It provides that “if the offense charged in the warrant is bailable, and the defendant is arrested in another county, the officer must, upon being required by the defendant, take the defendant before the most convenient magistrate in that or any adjoining county, who must admit the defendant to bail in the amount fixed in the warrant and take bail from the defendant accordingly, naming therein a time, not more than 10 days after the time of taking such bail, for the defendant to appear before the court in which the warrant was issued; or, in case the court is not in session at the time so fixed for the defendant to appear, for the defendant to appear before the court in which the warrant was issued at the first time it is in session thereafter.”
Contents of a Warrant in Nevada
N.R.S. 171.108 sets out the requirements for the contents of a warrant of arrest. It provides that the “warrant of arrest is an order in writing in the name of the State of Nevada which shall: 1. Be signed by the magistrate with the magistrate’s name of office; 2. Contain the name of the defendant or, if the defendant’s name is unknown, any name or description by which the defendant can be identified with reasonable certainty; 3. State the date of its issuance, and the county, city or town where it was issued; 4. Describe the offense charged in the complaint; and 5. Command that the defendant be arrested and brought before the nearest available magistrate.
Sample Form of a Warrant Upon Presentment, Indictment or Information
N.R.S. 179.380 contains the suggested form for a warrant upon finding of presentment, indictment or information. The amendments to the statute became effective April 2, 2001. “A warrant upon the finding of a presentment, indictment or information may be in substantially the following form:
County of ________________________ The State of Nevada, to any sheriff, constable, marshal, police officer, or peace officer in this State: A presentment having been made or an indictment having been found (or information filed) on the __________ day of the month of _______ of the year _______, in the district court of the ________________________, County of _________________________, charging C. D. with the crime of (designating it generally), you are therefore commanded forthwith to arrest the above-named C. D. and bring C. D. before that court to answer the presentment, indictment or information; or if the court is not in session that you deliver C. D. into the custody of the sheriff of the County of ________________________ By order of the court. Given under my hand with the seal of the court affixed this __________ day of the month of _______ of the year ________.
E. F., Clerk.
What Does the Order Regarding Issuance of Beach Warrant Look Like?
JUSTICE COURT, TOWNSHIP OF ____________________
CLARK COUNTY, NEVADA
ORDER REGARDING ISSUANCE OF BENCH WARRANT
WHEREAS, the above-named Defendant was ordered to appear before this Court for hearing on an Order to Show Cause, and whereas Defendant failed to appear for said hearing,
IT IS HEREBY ORDERED that a Bench Warrant shall issue for Defendant in the form attached hereto, which shall direct any sheriff, constable, marshall, or police officer of the State of Nevada to arrest the above-named Defendant and detain said Defendant in the Clark County Detention Center. Pursuant to the terms of the Bench Warrant, a hearing will thereafter be set before this Court, and the Defendant shall be released into the custody of the Sheriff of Clark County for said hearing. Bail for Defendant’s release from the custody of the Clark County Sheriff is hereby set in the amount of $___________ in cash.
GIVEN under my hand this ____day of _________, 2016.
JUSTICE OF THE PEACE
Sample Motion to Quash Warrant Form for Clark County Warrants
Each courthouse and sometimes each courtroom within a courthouse in Clark County, has a procedure to file and litigate a motion to quash a warrant. In some cases, the templates and samples are published on the website for the court. Although you can try and file a motion to quash using one of these forms, it is often beneficial to hire a criminal defense attorney to file the forms on your behalf. In some cases, your attorney to get the prosecutor to stipulate that there is no objection to the motion and that it is suported by the facts alleged. Ideally, your attorney will file a detailed motion that gives the court enough information to grant the motion without delay. If you would like to see the sample forms used in some jurisdictions for pro se or unrepresented litigants, then we added it below.
IN THE JUSTICE COURT OF LAS VEGAS TOWNSHIP
CLARK COUNTY, STATE OF NEVADA
Name:__________ ) CASE NO.:
MOTION TO QUASH BENCH WARRANT
COMES NOW, the Defendant, ________________, and respectfully requests that this Court quash the bench warrant issued on ______________________________. The bench warrant stated that Defendant could be released from custody by:
(check all that apply)
▭ Posting bail in the amount of $____________________;
▭Paying $____________________, which is to be given to the ▭ Plaintiff;
The bench warrant should be quashed because__________________________________
▭Per NRS 53.045, “I declare under penalty of perjury that the foregoing is true and correct.”
NOTICE OF MOTION
(Plaintiff or Plaintiff’s Attorney of Record)
PLEASE TAKE NOTICE THAT the foregoing Motion shall be heard on the _____ day of ____________________, 20____, at __________ ___.M. in Department _____ of the Justice Court.
Find More Information on Warrants
Check Warrants in City of Las Vegas - Use the website for the City of Las Vegas to perform a live warrant search. Citizens can look up information about defendants with an outstanding warrant. You can also view wanted posters. Use the website to check the status of your case online. For more information contact the Las Vegas Municipal Court, Judicial Enforcement Unit. For out of state warrants then ask for the Judicial Enforcement Unit.
Find Warrants from Las Vegas Municipal Court - Visit the Warrant Search feature of the website for the City of Las Vegas Marshall. The information can be verified with the Las Vegas Municipal Court or the Nevada Criminal Justice Information System (NCJIS). Search by first and last name, and social security number. Law enforcement officer accessing the information contained on the Warrant Website must verify the information for accuracy through the Nevada Criminal Justice Information System (NCJIS) or with the Las Vegas Municipal Court, or prior to any attempted arrest or apprehension of the individual who may be the subject of an arrest warrant.
Warrant Status Check Information for Clark County, Nevada - Visit the website for Clark County, NV, to perform a warrant status check. Use the Quick Look-up features to explore options for sealing records, or checking the status of a criminal case. Find information about the Las Vegas marshal’s Office. If you believe you have a warrant then contact the Las Vegas Municipal Court, the North Las Vegas Justice Court, the Henderson Justice Court, or the Clark County Justice Court.
Finding an Attorney for Warrants in Las Vegas
If you have an outstanding felony or misdemeanor warrant, then contact criminal defense attorney James C. Gallo. Although some people bury their head in the sand and hope the warrant will just go away, dealing with the warrant directly will lead to the best result. We represent clients on an outstanding arrest warrant issued by the the Clark County Justice Court, the Henderson Municipal Court, the Henderson Justice Court, the North Las Vegas Justice Court, or the Las Vegas Municipal Court.
Don’t just wait to be arrested on an outstanding warrant. Call James C. Gallo for a confidential consultation to discuss your case and the best way to resolve your arrest warrant. Let Mr. Gallo help you save time, money and frustration by resolving the warrant under the best possible terms.
This article was last updated on Wednesday, August 11, 2016.