What You Should Know About Bench Warrants From Your Las Vegas Lawyer

What is a bench warrant?

A bench warrant is an arrest warrant issued by a judge when a defendant fails to appear for a court hearing or violates a condition of their bail, probation, or parole.

Why might a bench warrant be issued for me?

Common reasons for bench warrants include missing a court date, violating probation terms, failing a drug test while on probation, or not completing court-ordered counseling or classes.

What happens when a bench warrant is issued?

Once a bench warrant is issued, law enforcement will attempt to locate and arrest the defendant. The warrant will remain active until the defendant is apprehended and brought before the court.

What should I do if I have an outstanding bench warrant?

Do not ignore a bench warrant. Hire an experienced criminal defense lawyer immediately to get the warrant recalled so you can appear before the court. An attorney can file a motion to quash the warrant and may be able to negotiate with prosecutors.

What happens when I am arrested on a bench warrant?

When arrested on a bench warrant, you will be taken into custody, fingerprinted, photographed, and held until your court hearing. At the hearing, bail terms could be modified or revoked. The judge may also impose additional penalties.

How can I get a bench warrant cleared?

To get a bench warrant cleared, hire a criminal defense attorney to file a motion to recall the warrant. Provide a reasonable explanation for why you missed court or violated probation terms. Your lawyer may be able to negotiate with the DA to get the warrant dropped.

Will I get jail time for a bench warrant?

It depends on your specific case. Judges have discretion when sentencing for an outstanding warrant. Jail time is possible, especially if the original charge was severe. An attorney can argue for alternatives like community service, counseling, or fines.

Can I get arrested on a bench warrant in another state?

Yes, bench warrants are entered into national databases accessible by law enforcement nationwide. If pulled over or arrested out-of-state, authorities may detain and deport you back to the jurisdiction where the warrant was issued.

How long is a bench warrant active?

Bench warrants do not expire and remain valid until you are brought before the court to address the original charges. Warrants can stay active for years, so hiring a lawyer right away is critical.