Whether you suspect a warrant or know one has been issued, fast action matters. Pandullo Law helps you understand your options, avoid jail, and resolve your case.
Do you have an active felony or misdemeanor arrest warrant in Las Vegas? Do you suspect that you might have an arrest warrant somewhere in Clark County, Nevada? Do you have reason to believe that you are the suspect in a criminal investigation by the Las Vegas Metropolitan Police Department or other local law enforcement agency? Is a Las Vegas Metropolitan Police Department detective currently attempting to contact and interview you about some alleged crime? Have you already sat down with police detectives and given a voluntary statement regarding some alleged criminal charge? Has someone you care about been taken into custody pursuant to an arrest warrant? If you answered yes to any of these questions, you should act quickly to retain a criminal defense attorney to protect your rights or the rights of your loved ones. Read below to learn about the arrest warrant process and how a criminal defense lawyer like me can help you to resolve your arrest warrant as quickly and painlessly as possible. Or, if you don’t have the patience to read through this text and need answers right now, call or text me this instant and we will discuss your case.
Simply put, an arrest warrant allows the police to arrest a person suspected of committing a crime, and take that person to jail to await arraignment in criminal court. According to NRS 171.104, an “arrest” is defined as “the taking of a person into custody, in a case and in the manner authorized by law.”
Usually, in Las Vegas, an arrest warrant originates with a police detective investigating some supposed felony crime and submitting his written reports to the Clerk County District Attorney, who then decides whether to file criminal charges. Assuming the District Attorney decides to file charges—and they almost always do—the judge will issue a felony arrest warrant. Police can then legally come and find you where you live or work, arrest you, and take you to Clark County Detention Center for booking and to await hearing in Las Vegas Justice Court several days later.
Technically speaking, according to NRS 171.108, an arrest warrant is a written order in the name of the State of Nevada, which is (1) signed by the judge (magistrate), (2) names the defendant by his true name or some alias, (3) states the date and county in which the arrest warrant was issued, (4) describes the alleged offense charged, and (5) commands that the defendant must be arrested and brought before the court.
The section above describes generally what an arrest warrant is. Read on to learn specifically how an arrest warrant is issued by the court. If you don’t care about the legal mechanics of how an arrest warrant is issued, feel free to skip this section.
Pursuant to NRS 171.106, an arrest warrant can be issued by a judge when “probable cause” is shown. “Probable cause” is some vague measure of proof that (1) a crime was committed and (2) that some particular person “probably” committed that crime. “Probably” means more likely than not. So technically speaking, if the judge finds that there is “probable cause” in your case, he has made a determination that there is a greater than 50% chance you committed a crime. Of course, this determination that probable cause exists is made based upon police reports and usually little else.
Arrest warrants can be issued based on a showing of probable cause by way of three distinct legal documents: complaint, citation, or affidavit.
Complaint. According to NRS 171.102, a criminal complaint is “a written statement of the essential facts constituting the public offense charged.” In practical terms, a criminal complaint is a document that gives only the most basic details of the alleged crime. The complaint is typewritten by the District Attorney and filed in Justice Court. To see an example of a criminal complaint filed in Las Vegas Justice Court, click here. In this example, the District Attorney has filed a complaint that contains a single count (i.e., one criminal charge) for burglary, a felony. In this particular case, the investigating detective submitted reports to the District Attorney, who in turn filed this complaint and requested an arrest warrant. That arrest warrant was issued by the Justice Court, but before the defendant was arrested, I quickly filed a motion, negotiated the case, and had the warrant recalled.
Citation. A citation is similar to a criminal complaint, in that it contains a bare minimum of essential details to inform the criminal defendant about his charges. The difference is that a citation is a form that is filled out on the scene of the alleged crime by a responding police officer rather than typed up later by the District Attorney. To take a look at an example of a criminal citation issued by the Las Vegas Metropolitan Police Department, click here. This form is pink because the police officer writes on a carbon paper with multiple layers copies. The bottom copy, the pink copy, is the defendant’s copy, and it is typically difficult to read. When a police officer decides to issue a citation, this means the offense is a misdemeanor and the police officer has decided not to arrest the person, usually because the offense is a petty, or relatively minor offense. The police officer who issues the citation sends a copy of the citation to the District Attorney for the filing of formal charges—usually by way of criminal complaint. Because citations are issued only in petty cases, it is unusual for an arrest warrant to be issued based on a citation as opposed to a criminal complaint (read in the section below about the District Attorney’s discretion in asking for a summons or arrest warrant).
Affidavit. An affidavit is simply a written statement that is notarized. The notarization process verifies that the statement isn’t fraudulently attributed to some person (identification must be shown to the notary before it is stamped) and also provides that the person making the statement is doing so under the penalty of perjury (i.e., the person could be criminally charged if the statement is false). In an arrest warrant scenario, the affidavit provided to the court is going to be a written narrative of investigation from a Las Vegas Metro Detective. If you spoke to the detective, his affidavit will contain references to those conversations. To read more about what to do if a detective is contacting you about an alleged crime or you’ve already spoken to a detective, read the “Talking to Detectives” section below.
Keep in mind, an arrest warrant is usually issued based on both a detective’s affidavit and a criminal complaint. This is because the detective will first submit his affidavit to the District Attorney, who then files a criminal complaint. In deciding whether there has been a showing of probable cause, the judge will look at the complaint and any affidavits.
If a judge finds probable cause based on a citation, complaint, affidavit, or some combination of those documents, an arrest warrant will issue. However, pursuant to NRS 171.106, the District Attorney has discretion to ask that an arrest warrant not be issued, and that a summons be issued instead. What is a summons? A summons is a document that is sent to your last known resident “summoning” you, so to speak, to come to court to answer a criminal charge. In simple terms, a summons is better than an arrest warrant because it allows you to show up to court out of custody and without having to post bail, and allows you to deal with your charges without getting arrested and booked.
However, the reality of the situation is that the District Attorney will usually only ask for a summons (as opposed to an arrest warrant) in petty misdemeanor cases. The rule of thumb is, if you’re charged with a felony, the District Attorney is asking for an arrest warrant. If you’re charged with a misdemeanor, the prosecutor will likely ask for a summons. However, there are some types of misdemeanor cases, such as domestic battery, where arrest warrants are routinely issued over summonses.
Arrest warrants can also be issued out of District Court (trial court) if you have been indicted by a grand jury. The typical scenario is that charges are dismissed in Las Vegas Justice Court, usually because essential witnesses didn’t show up or drug test results weren’t available, but the State still has time (based on the applicable statute of limitations) to re-file charges. When the charges are dismissed, the District Attorney will serve upon the defendant or his defense attorney a document called a “Notice of Intent to Seek Indictment.” This notice must be provided in the event that the defendant wants to testify before the grand jury or otherwise provide exculpatory evidence to the District Attorney to pass along to the members of the grand jury. The bottom line is, if an arrest warrant is going to be issued based on a grand jury indictment, you should have had ample notice it was coming down.
Both arrest warrants and bench warrants allow police to arrest individuals [...] unnecessary incarceration in the process of getting you before a judge in Nevada.unnecessarily
If you live outside the State of Nevada and a felony warrant has been issued [...] Read more about this below in the section titled “How can a Defense Attorney Help?”
Don’t talk to detectives if you’re suspected of committing a crime [...] This is just the first step in the process. Please read on.
If you suspect that you may have an active arrest warrant in Las Vegas Justice Court [...] perhaps set your mind at ease.
A good criminal defense attorney can help you immensely if you have an arrest warrant [...] stated on the record in court.
When you're facing criminal charges, you need more than just a lawyer. You need someone who understands the system, knows how to fight, and won’t back down. I’ve spent years defending clients in Las Vegas courts, building a reputation for aggressive advocacy and honest, effective representation. If you’re ready to put this behind you, I’m here to help you move forward.
— Michael Pandullo
