When a defendant in Nevada has been convicted of a crime, a bench warrant may be issued for his arrest. A bench warrant essentially commands a peace officer to take the defendant into custody so he can be brought before the court for judgment. If a bench warrant has been issued for you, it is vital that you talk with a Las Vegas defense lawyer to find out what your options are.
LV Criminal Defense can help you to understand the possible consequences of the bench warrant and can assist you in responding to the warrant in the most effective way possible to reduce the possible penalties you’ve been faced with. You should contact an attorney right away after a bench warrant has been issued because you are in imminent danger of being taken into custody immediately.
This is especially important if the bench warrant has been issued after conviction because you may need to work with an experienced attorney to explore the possibility of appealing your conviction or trying to argue for leniency in sentencing.
There are many different rules in Nevada regarding when a bench warrant can be issued, how the warrant should be carried out, and what the process is for coming before the court when a bench warrant has been issued both before and after conviction.
N.R.S. 179.395 is one of the Nevada statutes that deals with a bench warrant. This particular statute is found within a part of the criminal procedure code that contains authorized forms for many of the legal documents that are a part of criminal proceedings, including search warrants and arrest warrants.
While N.R.S. 179.315 makes clear that the authorized forms do not have to be used as long as the content of the legal documents is substantially the same as those within the sample forms, many legal documents are produced using the authorized form so defendants should be aware of what the forms entail.
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When a bench warrant after conviction is produced, N.R.S. 179.395 indicates that the bench warrant should state that a sheriff, constable, marshal, police office or other peace officer is commanded to arrest the named defendant. It should indicate that the defendant was convicted on a particular date and should specify the county where the defendant was convicted. The crime for which the defendant was convicted should be stated in the bench warrant and the peace officer should be commanded to deliver the defendant after arrest to the court for judgment or to deliver the defendant to the custody of the sheriff if court has adjourned. The bench warrant should be signed and it should state that it was produced under the seal of the clerk.
If the bench warrant that is issued in your criminal case does not contain this exact language as identified in N..S. 179.395, it should contain substantially similar information so you know what the warrant is for and what it requires of you.
The best time to talk with a Las Vegas criminal defense lawyer is when you first discover that you are suspected of a crime or are under investigation for committing a criminal offense. However, it is never too late to get legal help. In fact, even if you have already been convicted and a bench warrant has been issued for your arrest to be brought before the court for judgement, you should still talk with a knowledgeable legal professional about whether you have any options for trying to overturn the conviction or reduce your penalties.
Depending upon the circumstances, it may be possible to appeal the conviction against you or to present information about mitigating circumstances that may be able to reduce your penalties.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.