When a district attorney or a law enforcement officer has probable
cause that an individual committed an illegal offense, he or she is to
testify before a judge. The judge can then issue or decline an arrest
warrant. Search warrants are also issued in a similar manner. However,
bench warrants are arrest warrants that are only issued if an
individual on bail is absent from his or her court date. Both arrest
warrants and bench warrants cannot expire, though search warrants do
expire after the cited time period.
Though both are serious cases, bench warrants are more severe than
ordinary arrest warrants. Since bench warrants are issued towards those
who have already been arrested, increased charges can follow. The state
of Nevada treats warrants of misdemeanor arrests slightly differently
from warrants of felony arrests. Since felony offenses are more severe
cases they are often expedited. If an individual cannot be found after
a certain time period, a bounty hunter may be hired.
Arresting
In Nevada arrest warrants can easily be avoided if a police officer
issues a citation or the district attorney issues a summons. The state
of Nevada states that law enforcement officers are to be responsible
for executing any outstanding warrants within the state, despite a
judge's issuance. Officers are required to follow specific protocol in
regards to the amount of force used, the location in which an
individual is searched, and the time of day for searching.
Nevada state law allows police officers to fulfill an arrest warrant
for a felony offense at any time of the day or night. This is in
contrast to misdemeanor arrest warrants that require fulfillment only
between the hours of seven in the morning and seven in the evening.
Under certain circumstances a misdemeanor warrant of arrest can be
fulfilled at any time if a judge grants permission, if the offense was
committed in police presence, if the individual has other current
warrants, if the individual voluntarily surrenders, if the individual
has escaped prior custody, or if the offense is for domestic violence.
After an arrest the individual will stand before a Nevada judge within
seven-two hours of the arrest. The individual may be released if
brought after the seventy-two-hour limit. Arrests can be made at nearly
any plausible residence, though places of employment or places of
residency are most common. Arrest warrants allow law enforcement to
enter homes without permission; if an individual allows officers into
his or her home without a warrant that individual can legally be
arrested. Necessary force can only be used if the individual resists
arrest.
Online Searching
In cases of identity theft, and others, it is possible to have an
arrest warrant without being aware. Online services offer the search of
arrest and bench warrants at little to no cost. Each state, including
Nevada, has personal web pages and databases for searching specific
counties and cities. If a warrant is found, the individual should
surrender to the police. Some cases of surrender can result in lower to
no charges. Criminal defense attorneys can also provide searches for
outstanding warrants.