When a judge issues an arrest warrant against you, the police can arrest you irrespective of whether you are. One way to avoid arrest is to consult a bail bondsman for a bail bond once you learn of the warrant. You and your defense lawyer should meet with a bail bondsman who can post a surety bond to secure your pretrial release. After securing the bail bonds, you can surrender yourself to the police, who will book you and release you once they are done.

What is an Arrest Warrant (AW)?

The arrest warrant grants the requesting authority, which can be any law enforcement authority, the authority to arrest and take the individual named in the warrant into police custody. The judge issues this warrant if the requesting party shows the presence of probable cause to believe you committed a crime.

What is Probable Cause?

The probable cause is the threshold for police to acquire warrants, make arrests, and perform searches. Police use probable cause to determine if there are adequate reasons to believe that you violated the law, there is evidence in a given location, and there are facts that would make a reasonable individual believe an offense has occurred or that proof will be found.

How Do Law Enforcers Establish Probable Cause?

Law enforcers establish it through evidence and facts. They collect details through reliable sources such as witness statements and observations.

How is an AW Issued?

Judges in Nevada issue arrest warrants. Before issuing an arrest warrant, law enforcers should present proof that proves the arrest is warranted. It does not mean that an arrest warrant cannot be wrongfully issued or that police cannot make mistakes when executing it. That is why you should hire a seasoned defense attorney.

What are the Contents of an Arrest Warrant?

An arrest warrant should have the content below:

  • The date it was issued

  • The county, city, or town where it was issued

  • The magistrate's office name and signature

  • The defendant's name

  • Police authorization to apprehend the accused

  • The alleged crime

  • Whether law enforcement can enter your premises without announcement

Can You Post Bail to Secure Release after an Arrest?

After the police arrest and book you, you can secure pretrial release by posting bail in one of three ways: property bail, a bail bondsman, or cash bail. Bai guarantees the court that you will attend your scheduled court hearings after your release.

In severe criminal cases, judges deny bail to keep the defendants detained throughout the criminal judicial process. Moreover, judges deny bail when they believe the defendant poses a threat to the community or can flee the jurisdiction.

If a suspect is charged with a minor crime, the judge can release them on their own recognizance. With an O.R. release, you do not pay your money to secure the release; you only promise to appear in court when required. Your bail bondsman or lawyer can request a bail hearing to request the judge to grant you the O.R. release or lower your bail amount.

The amount you pay to secure your release depends on various factors, as follows:

  • The severity of the crime

  • Your criminal history

  • Whether you are likely to flee the jurisdiction

  • Whether you pose a threat to the community

  • Your community ties

What Happens If You are Apprehended Out of Nevada Due to an Outstanding AW?

In this case, the police could extradite you to Nevada to face your criminal charges. You have a right to a court hearing to fight the order. The court could credit any time you spend incarcerated in a different state awaiting your extradition towards the final sentence.

Each jurisdiction has a different extradition process. That is why you should retain a lawyer who can accelerate the process and protect your rights.

Do Arrest Warrants Expire?

Arrest warrants do not expire. Once the judge issues it, it remains effective until police arrest you or resolve it by legal means, such as recalling or quashing it in court. Therefore, ignoring it does not make it disappear, and you should act promptly.

Can You Fight Your Arrest Warrant?

If the judge issues an AW against you, you can bring a motion to the court requesting it to recall the AW on the following grounds:

  • The arrest warrant does not have probable cause

  • The warrant is in violation of the judicial procedure.

  • The evidence the police used to acquire probable cause was obtained it through police misconduct or an unlawful search

If police arrest you and you cannot secure a release through bail, you can bring a writ of habeas corpus claiming that your detention is illegal.

How Arrest Warrants Differ from Bench Warrants?

A judge issues a bench warrant when a defendant fails to appear for their scheduled court hearings. The warrant allows law enforcers to arrest you and take you to the judge who issued it. You can be arrested at any place or time, even when they do not suspect you of committing any other crime. The judge can allow you to give reasons why you did not show up. If the judge believes you intentionally failed to attend the scheduled hearing.

On the other hand, judges issue arrest warrants when there exists probable cause that the suspect has violated the law. Once the police arrest you, they take you before the judge to be charged with a crime.

How are Arrest Warrants Executed?

After the judge issues an AW, the police are authorized to arrest you. Nonetheless, there are pace and time restrictions.

Regarding time, the police can arrest you at any time. Nevertheless, if the alleged crime is a misdemeanor, the police should only arrest you between 7 AM and 7 PM.

The police can arrest you anywhere, provided the AW issued in your name is valid.

Find a Knowledgeable Bail Bondsman Near Me

Having an outstanding arrest warrant requires a deeper understanding of what to expect and the law governing the same. You can benefit from professional guidance to resolve the case and address the AW from a qualified Las Vegas bail bondsman. Express Bail Bonds can support you throughout the case and offer you reliable services to ensure your prompt release. Please call us at 702-633-2245 for a free consultation.