- Nevada has clear rules regarding misdemeanor warrants.handcuffs image by William Berry from Fotolia.com
In Nevada, there are clear rules regarding misdemeanor warrants. In Nevada, courts issue arrest warrants when they believe the person named has committed a misdemeanor crime. An arrest warrant issued by the court authorizes law enforcement officers to arrest and detain the person named on the warrant. - In Nevada, a court can issue a misdemeanor arrest warrant after a complaint or citation alleging a crime has been committed has been filed. The court must first find that there is probable cause to believe that the defendant committed the misdemeanor crime alleged, and that the crime can be tried in that county. The court may also issue a summons instead of an arrest warrant, if the district attorney so requests. The court has the ability to issue more than one warrant on the same complaint or citation.
A misdemeanor arrest warrant in Nevada must be signed by the judge, must contain the name or description of the defendant, must state the date of issuance as well as the county, city or town where issued, must describe the offense charged in the complaint and must command that the person named be arrested and brought before the nearest available judge. - In Nevada, misdemeanor arrest warrants are executed when a law enforcement officer arrests the person named in the warrant. Although the officer is not required to have the warrant on his person, if the defendant requests to see the warrant, it must be provided as soon as possible. The officer must inform the defendant of her intention to make an arrest, what misdemeanor offense the defendant is charged with and whether a warrant has been issued. The officer must use no more force or restraint than is necessary to arrest and detain the defendant. If the defendant flees, the officer may use necessary means to make the arrest.
- If certain conditions are met, Nevada Revised Statute 171.122 allows law enforcement officers to issue a citation instead of making an arrest pursuant to a misdemeanor warrant. The defendant must provide evidence of his identity to the law enforcement officer, and he must sign a written promise to appear in court for the misdemeanor charge named in the warrant. The officer must also reasonably believe that the defendant will appear to address the charges.
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