Arrest Warrants / Bench Warrants
When it comes to the American criminal justice system, judges have a significant amount of authority that comes with their position. A bench warrant that is ordered by a judge grants police officers the authorization to arrest you and bring you before the court. These bench warrants do not just go away in time, so police can continuously pursue you. We at the Law Offices of Garrett T. Ogata don’t want our clients to constantly look over their shoulders, so we do everything in our capacity to have bench warrants dismissed.
Is There A Warrant For Your Arrest?
If there is a warrant out for your arrest this allows law enforcement to take you into custody (jail) to hold you in custody for your arraignment. At the arraignment if you plead Not Guilty and you may be able to post bail to get out of jail. But if you have not yet been arrested on the arrest warrant, an attorney can help you in several ways when it comes to an arrest warrant.
Typically, an attorney should file a motion to place on calendar for an arraignment and a motion to quash the warrant and a release on your own recognizance or bail reduction. This may allow you to avoid the headache of being taken to jail and trying to come up with bail. Your attorney will receive your complaint, plead not guilty on your behalf and get your future court date at the arraignment. The future court date will be a pretrial or trial if the charge is a misdemeanor; or, a Preliminary Hearing if the charge is a gross misdemeanor or felony.
You will need to be present at arraignment if there is an arrest warrant for you. Another motion would be a Motion for Walk Through for the jail booking process. With the Motion for Walk Through, what would normally require you to change into the jumpsuit and stay indefinitely, now changes into a quicker booking, photograph and fingerprint process, e.g., you “walk-through” the booking process and leave the jail without having to be detained.
A warrant will not go away over time, so it is best to speak to an attorney and avoid the risk of being arrested.
Nevada Revised Statute (NRS) 22.010 discusses bench warrants, contempt charges and other issues having to do with the court. Bench warrants can carry with them several punishments, which could include bail, jail or fines being placed on the accused. There are several instances in which a judge may issue a bench warrant against a person.
- When a person violates a direct court order.
- When a person misses a set court date.
- When a person fails to pay fines or abide by other requirements issued by the court.
- If a person is called as a witness but fails to appear.
The punishments imposed on a person with a bench warrant in their name will vary depending on the circumstances of that particular person. Bench warrants will stay active until you are either arrested or the warrant is revoked or quashed. It is possible to get rid of a bench warrant by either appearing or having your attorney appear on your behalf to the court.
We at the Law Offices of Garrett T. Ogata know that bench warrants place an unfair burden on our clients. We can appear on your behalf to quash a bench warrant that has been placed in your name, thus pulling the police force off of your trail. Contact the Law Offices of Garrett T. Ogata so we can guide you through this difficult time and file a motion to quash the bench warrant.