For the magistrate to consider issuing arrest warrants in criminal matters, the local police have to file a complaint under oath with the tribunal. This procedure is completed in accordance with the Nevada Revised Statutes 171.102. This section of the criminal law of the state deals with the complaint for a warrant and the information that it should provide.
Like in all other states, a criminal process starts when an application is filed for the release of a warrant in the state of Nevada. Up to this point, the matter is in the hands of the investigating law enforcement agency. However, as soon as the petition is brought before the court, the judiciary gets involved and from thereon, the arrest of the perpetrator under a warrant is treated as the execution of a judicial order.
The complaint that is set forth before the bench to appeal for the issue of a warrant must be in writing and it must bring to light the essential facts about the offense that the person in question is being charged with. This petition must be filed under oath and it is subject to the penalty of perjury if any information provided by the affiant is found to be untrue or of a malicious nature.
The affidavit for the issue of an active warrant can be filed with the clerk of court and the law of Nevada allows for this document to be transmitted via electronic means. If this is done, the clerk of court will return the complaint with an electronic time stamp and from then on the document will be treated as if it were submitted in person.
An active warrant for arrest is issued after the sitting magistrate or a similar judicial authority studies case details to find probable cause. This can be described as reasons that would make a person of sound disposition suspect the involvement of the alleged offender in the criminal act.
For warrants of arrests to be issued, the crimes mentioned in the petitions filed for these orders have to be triable in the county in which the affidavits are submitted. The warrant of arrest is directed at any and all peace officers from within a territorial limit.However, in case of an outstanding warrant, any officer of the law can serve the order.
In some instances, a summons may be issued instead of a warrant; this is normally done when the offense in question is trivial. If the crime involves contempt of court, disobeying a directive from the tribunal or dishonoring the terms of bail or probation, bench warrants are used to bring such perpetrators to justice.
Search warrants and subpoenas are among the other legal processes that may be issued through the lifecycle of a trial. While search orders are released to allow peace officers to enter a privately held office or home, a subpoena is used as an order of appearance. Any attempt to obstruct a police officer from performing his duties when he is acting under the authority of a search warrant or disobeying an appearance notice can result in arrest or the issue of an active warrant.
Only law enforcement agencies and organizations that offer health care, educational and medical facilities are allowed to conduct a warrant search in Nevada. However, you can request a personal background check from the Nevada Department of Public safety.
Because Nevada is a closed records state, even if you were to access the court dockets directory, you will only be offered information on civil court records and not on the happenings of the criminal tribunals. One way to access details on all outstanding warrants that remain to be served is to check out the list of the county's most wanted. This is available at the precinct or the website of the sheriff.
If you are authorized to conduct a warrant search in the state, you will need to fill the form available at http://nvrepository.state.nv.us/Criminal/forms/ and send it to the Department of Public Safety at 333 West Nye Lane, Suite 100, Carson City, NV 89706 with a check or money order for $21.
To find information on inmates serving time in one of the state incarceration facilities, go to the website of the Department of Corrections at doc.nv.gov. It is also possible to get in touch with the agency through their office at P.O. Box 7011, Carson City, Nevada 89702.
At the time of writing this article, the Department of Public Safety was only entertaining fingerprint based crime record inquiries and applicants who were looking for information on third parties needed a consent form from the subject to access this data.