Once the court issues an arrest warrant for domestic violence, the only way it gets removed is by court order. In Nevada, arrest warrants never expire, meaning they can stay active indefinitely. The process by which warrants are issued depends on how domestic violence was discovered, although there are formalities that must be followed before the judge will sign a warrant.
Domestic violence in Nevada is serious, as are the warrants issued to bring your body before the court to deal with the allegations.
Arrests are possible when officers were not present or called during the physical scuffle that led to one individual being battered. The two ways judges can issue warrants are:
According to Nevada Code section 33.018, being arrested in Nevada under suspicion of domestic violence is possible if an officer is present or is called shortly after an incident, provided enough evidence exists to merit an arrest.
If you have retained a criminal defense attorney, they could initiate a pre-file investigation to prevent their client from being detained. This requires knowledge that an open investigation is underway, or is about to be opened. After gathering enough information in defense of allegations brought against you, the lawyer would approach the DA with exculpatory evidence that contradicts their assessment that you committed domestic violence. From there, the DA would either agree that they lack prepondering evidence, or move forward with filing information to seek an arrest warrant.
If an arrest warrant is unavoidable, your defense attorney will work to have the warrant recalled, or request the court release you on your own recognizance (OR) prior to the warrant being served, which would mean you could be booked and released.
Arrest warrants lacking validity may be disputed if they are signed without probable cause or if they violate appropriate jurisdictive procedures. While faulty arrests alone often lack the information to dispute alone, criminal defense attorneys may use the following strategies to reverse the arrest:
In Nevada, arrests which do not lead to a conviction can be immediately sealed.
Whether you are being accused of committing domestic violence against your spouse or loved one, or have an active arrest warrant, you have the right to dynamic representation. You can phone the county clerk or jail where you live to find out if an active warrant exists under your name.
Criminal defense attorneys are the most effective weapon defendants can arm themselves with during times when the law seems to be working against them. Nevada courts treat domestic violence charges seriously, and in some cases, may attempt to extradite you if you live within 1,000 miles of Nevada.
Arrest warrants do not expire in this state. Retain a criminal defense attorney when you are wanted for crimes and face significant time in jail.