Bench Warrant vs. Arrest Warrant: What's the Difference in Nevada?

"Bench warrant" is the everyday courtroom term for a warrant a judge issues from the bench when someone violates court process: a missed court date, an unpaid fine or fee, or a probation or court-order violation. Nevada statutes mostly just call it a "warrant for the arrest." When a defendant out on bail fails to appear, the court typically orders a warrant issued promptly — in practice it is close to automatic, and it is not slow.

Bench warrants are by far the more common type in Las Vegas. Old traffic citations, forgotten court dates from a Vegas trip, and missed payment deadlines generate them constantly. One note on traffic: since January 1, 2023, most minor Nevada traffic violations are civil infractions that no longer produce bench warrants — but warrants issued before that change, and criminal traffic matters like DUI, reckless driving, and driving on a suspended license, still do.

On top of the warrant itself, missing court can be charged as its own crime under NRS 199.335 — a misdemeanor, gross misdemeanor, or felony depending on the underlying case. The statute includes a safety valve: it generally does not apply if you surrender within 30 days of the missed date, which is one more reason to move quickly. Our failure-to-appear page covers that exposure in detail.

An arrest warrant issues at the front end of a criminal case. When an affidavit filed with a warrant application shows probable cause to believe an offense was committed and that you committed it, the magistrate issues a warrant for your arrest. It is typically signed by the magistrate, names or describes you, states the offense, and commands any peace officer to arrest you.

The practical differences follow from that origin. An arrest warrant typically means police or the district attorney built a case against you and asked for it — and it is commonly kept sealed until served, so you may not learn about it until officers arrive. Bench warrants, by contrast, typically sit in the system until you cross paths with law enforcement: a traffic stop, an airport encounter, a background check.

The stakes differ too. A bench warrant on a misdemeanor citation can often be quashed by counsel without you ever being taken into custody. An arrest warrant on a new felony charge means a case is coming either way — the question is whether you walk in on negotiated terms with a bail argument ready, or get arrested at work on a Friday afternoon.

For a bench warrant, your attorney files a motion to quash — asking the judge to recall the warrant and put the case back on calendar, usually with a plan to resolve the underlying ticket, charge, or balance. For most misdemeanors, NRS 178.388 allows your lawyer to appear on your behalf, which is why many bench warrants get cleared without the client setting foot in a courtroom — including for out-of-state clients who never fly back. Our guide to quashing a bench warrant in Las Vegas and our quash-or-surrender page walk through the process.

For an arrest warrant, especially on a felony, you will generally need to appear — but counsel arranges a surrender on terms: a scheduled walk-through, a bail argument prepared in advance, and no surprise arrest. Either way, the worst strategy is waiting. Neither type of warrant expires, and every month it sits adds risk at every police contact.