Criminal Defense For Those Facing an Arrest Warrant
Facing an arrest warrant can be a daunting experience, whether it’s for a misdemeanor or a more serious offense like a DUI. An arrest warrant means that law enforcement has been granted the authority to take you into custody. The consequences of ignoring a warrant can be severe, which is why seeking legal guidance is crucial. Our experienced Las Vegas criminal defense attorney can step in as soon as you are made aware of a warrant, providing you with the best advice on how to proceed.
Worried about a warrant? Don’t wait—contact the Law Office of Garrett T. Ogata today at (702) 366-0891 for immediate assistance. We’ll help you navigate your arrest warrant and work to protect your rights.
What Does an Arrest Warrant Mean for You?
An arrest warrant in Nevada is a legal document giving law enforcement the authority to detain someone when there is probable cause that a crime has been committed. This may result from various offenses, such as traffic violations, theft, or driving under the influence (DUI).
If a warrant has been issued for your arrest, law enforcement officers can take you into custody and hold you for an arraignment. At your arraignment, you will have the opportunity to plead guilty or not guilty. If you plead not guilty, you may be able to post bail and avoid staying in jail while awaiting trial.
However, if you have not been arrested yet, it is critical to seek legal assistance. An attorney can help you understand your rights, potentially prevent you from being taken into custody, and guide you through the legal process. The Law Office of Garrett T. Ogata is ready to assist you with your arrest warrant immediately.
What is the Difference Between an Arrest Warrant and a Bench Warrant in Nevada?
In Nevada, there are key differences between arrest warrants and bench warrants:
Arrest Warrant: Typically issued when law enforcement has probable cause to believe that a person has committed a crime, such as a DUI. Arrest warrants allow the police to detain you and take you into custody.
Bench Warrant: A bench warrant is issued by a judge, often because someone has failed to comply with a court order, such as missing a scheduled court appearance or failing to pay fines. Unlike arrest warrants, bench warrants are not issued because of a new criminal offense but rather due to non-compliance with the court process.
In both cases, law enforcement has the power to arrest you, but the circumstances leading to each type of warrant differ.
Why Are Arrest Warrants Issued in Nevada?
In Nevada, arrest warrants are typically issued under the following circumstances:
Probable Cause of a Crime: If law enforcement has gathered enough evidence suggesting that you have committed a crime, such as driving under the influence (DUI), they can request a warrant from a judge to take you into custody.
Failure to Appear in Court: Missing a court date related to a criminal charge can also result in an arrest warrant. Courts consider this a violation of the judicial process, which can lead to your immediate arrest.
Probation Violations: Violating the terms of your probation can trigger an arrest warrant. If you fail to meet the conditions of your probation, the court can issue a warrant for your detention.
Arrest Warrants for DUIs
In Nevada, driving under the influence (DUI) is a serious offense that can result in an arrest warrant if certain conditions are met. If law enforcement has probable cause to believe you were driving under the influence but was unable to arrest you at the time of the incident, they can request a DUI arrest warrant from a judge. This type of warrant allows police to arrest you later, even if you are at home, work, or anywhere else. DUI arrest warrants can be issued for various reasons, including:
Failure to Appear in Court: If you miss your scheduled court date related to a DUI charge, the judge may issue an arrest warrant.
Refusing a Sobriety Test: Refusing a chemical test, such as a breathalyzer or blood test, can lead to the issuance of a DUI warrant.
Pending DUI Charges: If you have been charged with a DUI and have not yet been arrested, a warrant may be issued for your arrest.
A DUI arrest warrant means you could be taken into custody at any time, making it essential to address the situation as soon as possible. If you suspect that there is a warrant out for your arrest due to a DUI, it’s critical to contact an experienced Las Vegas DUI lawyer immediately. Attorney Garrett T. Ogata can assist you in investigating the warrant, negotiating with the courts, and working to keep you out of jail.
Different Types of Warrants for DUI in Las Vegas
In Las Vegas, DUI charges can lead to the issuance of various types of warrants depending on the circumstances of your case. Each type of warrant serves a specific purpose and carries different consequences.
DUI Arrest WarrantA DUI arrest warrant is issued when law enforcement has enough probable cause to believe that you were driving under the influence but were not arrested at the scene. This warrant gives officers the authority to apprehend you later, even days or weeks after the incident. For example, if you left the scene of the DUI offense or there was an investigation that followed, a warrant could be issued to arrest you at a later time.
DUI Bench WarrantA DUI bench warrant is typically issued when you fail to comply with court orders related to your DUI case, such as missing a court date, failing to pay fines, or violating probation terms. When a bench warrant is issued, law enforcement can arrest you at any time—whether at home, at work, or even during a routine traffic stop. It’s critical to address bench warrants immediately, as they remain active until resolved.
Search Warrant for DUI EvidenceIn some DUI cases, especially if you refuse a breathalyzer or blood test at the scene, law enforcement may request a search warrant to obtain evidence. This typically involves taking a blood sample to determine your blood alcohol concentration (BAC). If you refuse testing, officers can obtain a warrant to forcibly take a sample to strengthen their case against you.
How a Criminal Defense Lawyer Can Help You
We will investigate the circumstances of your warrant, whether it’s for a DUI or another offense, and explain your legal options. From negotiating with the court to reduce or clear the warrant to guiding you through the process of turning yourself in, an experienced attorney ensures that your rights are protected every step of the way. By understanding the charges against you and the legal system, a defense lawyer can help you navigate the complexities of your case with confidence.
As your criminal defense team, we will work to minimize or avoid penalties, whether that involves securing bail, reducing fines, or pursuing alternative sentencing options like probation. If your case proceeds to trial, your lawyer will build a strong defense strategy, gather evidence, and advocate on your behalf to achieve the best possible outcome. With a knowledgeable attorney like Garrett T. Ogata by your side, you can rest assured that your case will be handled professionally, giving you the best chance to protect your future.
Do arrest warrants ever expire in Las Vegas?No, arrest warrants in Las Vegas do not expire. Once issued, they remain active until you are either arrested or the warrant is resolved through legal means, such as quashing or recalling it in court. Ignoring a warrant won’t make it disappear, so it’s crucial to address it promptly.
What is the process for issuing arrest warrants in Nevada?In Nevada, an arrest warrant is issued by a judge when law enforcement provides sufficient evidence that there is probable cause to believe you committed a crime. The police must present this evidence, and if the judge finds it convincing, the warrant is issued, giving officers the authority to arrest you.
How do law enforcement officers execute arrest warrants in Nevada?Once an arrest warrant is issued, Nevada police officers can arrest you at any time and place, including your home, workplace, or during a routine traffic stop. Law enforcement is legally permitted to detain you on the spot, and the warrant stays active until it’s executed.
What happens if I go to court with an active bench warrant in Las Vegas?If you appear in court with a bench warrant, the judge will address the reason for the warrant, such as missing a previous court date. Depending on the situation, you may be allowed to post bail, or the judge might release you with new conditions. In some cases, the warrant may be cleared or quashed if you comply with the court’s orders.
How can I resolve a warrant without going to jail?To avoid going to jail, it’s essential to contact a criminal defense attorney as soon as possible. A lawyer can often help you arrange a voluntary surrender or negotiate with the court to resolve the warrant without an immediate arrest. In some cases, an attorney may be able to have the warrant quashed, meaning you won’t have to face jail time.
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