|
|
|
State Law
Federal Law
|
Nevada Revised Statutes - Procedure in Criminal CasesLegal Research Home > Nevada Lawyer > Procedure in Criminal Cases > Nevada Revised Statutes - Procedure in Criminal Cases Nevada Revised Statutes Section 169.015 Short title. This title may be known and cited as the Nevada Criminal Procedure Law. ...
Nevada Revised Statutes Section 169.025 Scope.
1. This title governs the procedure in the courts of the State of Nevada and before magistrates in all criminal proceedings. 2. Except as otherwise provided in ... Nevada Revised Statutes Section 169.035 Purpose; construction. This title is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and ...
Nevada Revised Statutes Section 169.045 Definitions. As used in this title, unless the context otherwise requires, the words and terms defined in NRS 169.049 to 169.205, inclusive, have the meanings ascribed to them in those ...
Nevada Revised Statutes Section 169.049 “Case in chief of the defendant” defined. “Case in chief of the defendant” means the first opportunity of the defendant to present evidence after the close of the case in ...
Nevada Revised Statutes Section 169.055 “Criminal action” defined. “Criminal action” means the proceedings by which a party charged with a public offense is accused and brought to trial and punishment. A criminal action is prosecuted ...
Nevada Revised Statutes Section 169.065 “Defendant” defined. “Defendant” means the party prosecuted in a criminal action. ...
Nevada Revised Statutes Section 169.075 “District attorney” defined. “District attorney” includes any deputy district attorney. ...
Nevada Revised Statutes Section 169.085 “Law” defined. “Law” includes statutes and judicial decisions. ...
Nevada Revised Statutes Section 169.095 “Magistrate” defined. “Magistrate” means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes:
1. Justices of the ... Nevada Revised Statutes Section 169.097 “Master” defined. “Master” means a person appointed by the district court to inform defendants of their rights, assign counsel for indigent defendants and perform other similar administrative duties assigned by ...
Nevada Revised Statutes Section 169.105 “Month” defined. “Month” means a calendar month unless otherwise expressed. ...
Nevada Revised Statutes Section 169.115 “Oath” defined. “Oath” includes an affirmation. ...
Nevada Revised Statutes Section 169.125 “Peace officer” defined. “Peace officer” includes any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive. ...
Nevada Revised Statutes Section 169.145 “Personal property” defined. “Personal property” includes money, goods, chattels, things in action and evidences of debt. ...
Nevada Revised Statutes Section 169.155 “Property” defined. “Property” includes both real and personal property. ...
Nevada Revised Statutes Section 169.164 “Public officer” defined. “Public officer” means a person elected or appointed to a position which:
1. Is established by the constitution or a statute of this State, or by ... Nevada Revised Statutes Section 169.175 “Real property” defined. “Real property” is coextensive with lands, tenements and hereditaments. ...
Nevada Revised Statutes Section 169.185 “State” defined. “State,” when applied to the different parts of the United States, includes the District of Columbia and the territories. ...
Nevada Revised Statutes Section 169.195 “Trial” defined.
1. “Trial” means that portion of a criminal action which: (a) If a jury is used, begins with the impaneling of the jury and ends with ... Nevada Revised Statutes Section 169.205 “United States” defined. “United States” may include the District of Columbia, Puerto Rico, territories or insular possessions. ...
Nevada Revised Statutes Section 169.215 Interpretation.
1. Writing includes printing and typewriting. 2. Every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in ... Nevada Revised Statutes Section 169.225 Signature by mark. When a signature of a person is required by this title, the mark of a person, if he cannot write, shall be deemed sufficient, the name of ...
Nevada Revised Statutes Section 169.235 Superseding of criminal law no bar to punishment unless specifically expressed. The superseding of any law creating a criminal offense shall not be held to constitute a bar to the ...
Nevada Revised Statutes Section 169.245 Bonds and undertakings in criminal actions or proceedings: Approval by clerk.
1. In all criminal actions or proceedings where a bond or other undertaking is required by the provisions ... Nevada Revised Statutes Section 170.040 Intervention of officers of justice by requiring surety to keep peace. Public offenses may be prevented by the intervention of the officers of justice by requiring surety to keep the ...
Nevada Revised Statutes Section 170.060 Complaint for threatening offense against person or property; may be filed in municipal court.
1. A complaint may be filed and warrant issued, as in other criminal cases, for ... Nevada Revised Statutes Section 170.070 Trial as in criminal cases. When the person complained of is brought before the justice of the peace or magistrate, the trial on the charge shall proceed as in other ...
Nevada Revised Statutes Section 170.080 Person complained of: When to be discharged. If it appears that there is no just reason to fear the commission of the offense alleged to have been threatened, the person ...
Nevada Revised Statutes Section 170.090 Security to keep peace.
1. If, however, there is a just reason to fear the commission of the offense, the person complained of may be required to enter into ... Nevada Revised Statutes Section 170.100 Effect of giving or refusing to give security.
1. If the bond required by NRS 170.090 is given, the person complained of shall be discharged. 2. If he ... Nevada Revised Statutes Section 170.110 Person committed may give security later. If the person complained of is committed for not giving the bond required, he may be discharged by any magistrate upon giving the same. ...
Nevada Revised Statutes Section 170.120 Bond to be filed. A bond given, as provided in NRS 170.090, must be filed by the magistrate in the office of the clerk of the county. ...
Nevada Revised Statutes Section 170.130 Breach of peace before magistrate; when security required. Any person who, in the presence of a court or magistrate, assaults or threatens to assault another or to commit any offense ...
Nevada Revised Statutes Section 170.140 Bond to keep peace: When broken. A bond to keep the peace must be deemed broken when the person complained against is convicted of a breach of the peace. ...
Nevada Revised Statutes Section 170.150 Bond to keep peace: When and how prosecuted. Upon the district attorney’s producing evidence of such conviction to the district court of the county, the court must order the bond ...
Nevada Revised Statutes Section 170.160 Allegation and evidence of breach. In the action, the offense stated in the record of conviction must be alleged as the breach of the bond, and such record is conclusive ...
Nevada Revised Statutes Section 170.170 Security for peace or good behavior not required except in accordance with this chapter. No security to keep the peace, or to be of good behavior, is required except as ...
Nevada Revised Statutes Section 171.010 Jurisdiction of offense committed in State. Every person, whether an inhabitant of this state, or any other state, or of a territory or district of the United States, is liable ...
Nevada Revised Statutes Section 171.015 Jurisdiction of offense commenced without, but consummated within, this state; consummation through agent. When the commission of a public offense, commenced without the State, is consummated within its boundaries, the ...
Nevada Revised Statutes Section 171.020 Act within this state culminating in crime in this or another state. Whenever a person, with intent to commit a crime, does any act within this state in execution or ...
Nevada Revised Statutes Section 171.025 Death by dueling. When an inhabitant or resident of this state, by previous appointment or engagement, fights a duel or is concerned as second therein, out of the jurisdiction of ...
Nevada Revised Statutes Section 171.030 Offense committed partly in one county and partly in another. When a public offense is committed in part in one county and in part in another or the acts or ...
Nevada Revised Statutes Section 171.035 Offense committed on or near boundary. When an offense is committed on the boundary of two or more counties, or within 500 yards thereof, the venue is in either county. ...
Nevada Revised Statutes Section 171.040 Offense committed on vessel in state waters, common carrier or private motor vehicle or aircraft. When an offense is committed in this state:
1. On board a vessel navigating ... Nevada Revised Statutes Section 171.045 Offenses concerning animals ranging in two or more counties. When a public offense concerns any neat cattle, horse, mule or other animal running at large upon any range which extends ...
Nevada Revised Statutes Section 171.055 Bigamy and incest. When the offense, either of bigamy or incest, is committed in one county and the defendant is apprehended in another, the venue is in either county. ...
Nevada Revised Statutes Section 171.060 Burglary, robbery, larceny or embezzlement: Venue when property is taken in one county and brought into another. When property taken in one county by burglary, robbery, larceny or embezzlement has ...
Nevada Revised Statutes Section 171.065 Accessory: Venue in either county where offense of accessory was committed or where principal offense committed. In the case of an accessory in the commission of a public offense, the ...
Nevada Revised Statutes Section 171.070 Conviction or acquittal in another state, territory or country is bar where jurisdiction is concurrent. When an act charged as a public offense is within the jurisdiction of another state, ...
Nevada Revised Statutes Section 171.075 Conviction or acquittal in another county is bar where venue is concurrent. When an offense is within the venue of two or more counties, a conviction or acquittal thereof in ...
Nevada Revised Statutes Section 171.076 Enactment. The California-Nevada Compact for Jurisdiction on Interstate Waters, set forth in full in NRS 171.077, is hereby enacted into law. ...
Nevada Revised Statutes Section 171.077 Text of Compact. The California-Nevada Compact for Jurisdiction on Interstate Waters is as follows:
1. The Legislature finds that law enforcement has been impaired in sections of Lake Tahoe ... Nevada Revised Statutes Section 171.078 Enactment. The Interstate Compact for Jurisdiction on the Colorado River, set forth in full in NRS 171.079, is hereby enacted into law. ...
Nevada Revised Statutes Section 171.079 Text of Compact. The Interstate Compact for Jurisdiction on the Colorado River is as follows:
1. The legislature finds that law enforcement has been impaired in sections of the ... Nevada Revised Statutes Section 171.080 No statute of limitation for murder or terrorism. There is no limitation of the time within which a prosecution for:
1. Murder must be commenced. It may be commenced ... Nevada Revised Statutes Section 171.083 No limitation for sexual assault if written report filed with law enforcement officer during period of limitation; effect of disability on period of limitation.
1. If, at any time ... Nevada Revised Statutes Section 171.084 Limitation for kidnapping or attempted murder extended if written report filed with law enforcement officer during period of limitation.
1. If, at any time during the period of limitation ... Nevada Revised Statutes Section 171.085 Limitations for felonies. Except as otherwise provided in NRS 171.083, 171.084 and 171.095, an indictment for:
1. Theft, robbery, burglary, forgery, arson, sexual assault or a violation of NRS ... Nevada Revised Statutes Section 171.090 Limitations for gross and simple misdemeanors. Except as otherwise provided in NRS 171.095 and 202.885, an indictment for:
1. A gross misdemeanor must be found, or an information or ... Nevada Revised Statutes Section 171.095 Limitations for offenses committed in secret manner and offenses constituting sexual abuse of child.
1. Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084: (a) ... Nevada Revised Statutes Section 171.100 Indictment found when it is presented and filed. An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and ...
Nevada Revised Statutes Section 171.102 Complaint defined; oath or declaration required. The complaint is a written statement of the essential facts constituting the public offense charged. It must be made upon:
1. Oath before ... Nevada Revised Statutes Section 171.103 Court clerk may accept complaint filed electronically; procedure; service.
1. A court clerk may accept a complaint filed pursuant to this chapter that is filed electronically. A complaint that ... Nevada Revised Statutes Section 171.104 Arrest defined; by whom made. An arrest is the taking of a person into custody, in a case and in the manner authorized by law. An arrest may be made ...
Nevada Revised Statutes Section 171.106 Issuance of warrant or summons upon complaint or citation. If it appears from the complaint or a citation issued pursuant to NRS 484.795, 488.920 or 501.386, or from an affidavit ...
Nevada Revised Statutes Section 171.108 Contents of warrant of arrest. The warrant of arrest is an order in writing in the name of the State of Nevada which shall:
1. Be signed by the ... Nevada Revised Statutes Section 171.112 Contents of summons. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time ...
Nevada Revised Statutes Section 171.114 Execution of warrant and service of summons: By whom. The warrant shall be directed to and executed by a peace officer. The summons may be served by any person authorized ...
Nevada Revised Statutes Section 171.116 When magistrate may depute a person to act as constable. A magistrate may depute in writing any suitable and discreet person to act as constable when no constable is at ...
Nevada Revised Statutes Section 171.118 Execution of warrant and service of summons: Territorial limits. The warrant may be executed or the summons may be served at any place within the jurisdiction of the State of ...
Nevada Revised Statutes Section 171.122 Manner in which execution of warrant and service of summons are made; issuance of citation in lieu of execution of warrant of arrest.
1. Except as otherwise provided in ... Nevada Revised Statutes Section 171.1223 Peace officer with limited jurisdiction must notify primary law enforcement agency of commission of certain felonies; transfer of investigation to primary law enforcement agency.
1. Except as otherwise provided ... Nevada Revised Statutes Section 171.1225 Peace officer to provide information to suspected victims of domestic violence.
1. When investigating an act of domestic violence, a peace officer shall: (a) Make a good faith ... Nevada Revised Statutes Section 171.1227 Peace officer to submit written report concerning suspected acts of domestic violence; copy of report to be forwarded to Central Repository.
1. If a peace officer investigates an act ... Nevada Revised Statutes Section 171.1229 Fingerprinting of persons detained and cited for committing suspected acts of domestic violence; fingerprints to be forwarded to Central Repository. If a peace officer:
1. Detains a person for ... Nevada Revised Statutes Section 171.123 Temporary detention by peace officer of person suspected of criminal behavior or of violating conditions of parole or probation: Limitations.
1. Any peace officer may detain any person whom ... Nevada Revised Statutes Section 171.1231 Arrest if probable cause appears. At any time after the onset of the detention pursuant to NRS 171.123, the person so detained shall be arrested if probable cause for an ...
Nevada Revised Statutes Section 171.1232 Search to ascertain presence of dangerous weapon; seizure of weapon or evidence.
1. If any peace officer reasonably believes that any person whom he has detained or is about ... Nevada Revised Statutes Section 171.1235 Gaming licensee may detain person suspected of having committed felony in gaming establishment.
1. As used in this section: (a) “Establishment” means any premises whereon any gaming is ... Nevada Revised Statutes Section 171.124 Arrest by peace officer or officer of Drug Enforcement Administration.
1. Except as otherwise provided in subsection 3 and NRS 33.070 and 33.320, a peace officer or an officer ... Nevada Revised Statutes Section 171.1245 Arrest by agent of Federal Bureau of Investigation or Secret Service. An agent of the Federal Bureau of Investigation or Secret Service may, without a warrant, arrest a person:
... Nevada Revised Statutes Section 171.1255 Arrest by officer or agent of Bureau of Indian Affairs or police officer employed by Indian tribe.
1. Except as otherwise provided in subsection 2, an officer or agent ... Nevada Revised Statutes Section 171.126 Arrest by private person. A private person may arrest another:
1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed ... Nevada Revised Statutes Section 171.128 Magistrate may order arrest for offense in presence. A magistrate may orally order a peace officer or private person to arrest anyone committing or attempting to commit a public offense ...
Nevada Revised Statutes Section 171.132 Person making arrest may summon assistance. Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein. ...
Nevada Revised Statutes Section 171.134 Escape or rescue of arrested person: Pursuit and retaking at any time and place in State. If a person arrested escapes or is rescued, the person from whose custody he ...
Nevada Revised Statutes Section 171.136 When arrest may be made.
1. If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of ... Nevada Revised Statutes Section 171.137 Arrest required for suspected battery constituting domestic violence; exceptions.
1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, ... Nevada Revised Statutes Section 171.138 Breaking open door or window: Making arrest. To make an arrest, a private person, if the offense is a felony, and in all cases a peace officer, may break open ...
Nevada Revised Statutes Section 171.142 Breaking open door or window: Upon detention after making arrest. Any person who has entered a house, structure or other place of concealment to make an arrest may break open ...
Nevada Revised Statutes Section 171.144 Breaking open door or window: Retaking person arrested. To retake a person arrested who has escaped or been rescued, the person pursuing may break open an outer or inner door ...
Nevada Revised Statutes Section 171.1455 Use of deadly force to effect arrest: Limitations. If necessary to prevent escape, an officer may, after giving a warning, if feasible, use deadly force to effect the arrest of ...
Nevada Revised Statutes Section 171.146 Weapon may be taken from person arrested. Any person making an arrest may take from the person arrested all dangerous and offensive weapons which he may have about his person. ...
Nevada Revised Statutes Section 171.147 Duties of arresting officer where person arrested appears to be intoxicated or not in control of his physical functions.
1. Every peace officer shall, when arresting any person who ... Nevada Revised Statutes Section 171.148 Warrant of arrest by telegram authorized.
1. A warrant of arrest may be transmitted by telegram. A copy of a warrant transmitted by telegram may be sent to one ... Nevada Revised Statutes Section 171.152 Return of warrant after execution by arrest or issuance of citation; return of summons after service; cancellation by district attorney before execution or service; reissuance.
1. The peace officer ... Nevada Revised Statutes Section 171.153 Right of person arrested to make telephone calls.
1. Any person arrested has the right to make a reasonable number of completed telephone calls from the police station or ... Nevada Revised Statutes Section 171.1536 Arrest of handicapped person: Interpreter to be made available. [Effective through June 30, 2005.] Upon the arrest of a handicapped person as defined in NRS 50.050, and before his interrogation ...
Nevada Revised Statutes Section 171.1536 Arrest of person with disability: Interpreter to be made available. [Effective July 1, 2005.] Upon the arrest of a person with a disability as defined in NRS 50.050, and before ...
Nevada Revised Statutes Section 171.1537 Arrest of handicapped person: Right to communicate by mail or telephone. [Effective through June 30, 2005.] When a handicapped person is detained in custody, the detaining authority shall make available ...
Nevada Revised Statutes Section 171.1537 Arrest of person with disability: Right to communicate by mail or telephone. [Effective July 1, 2005.] When a person with a disability is detained in custody, the detaining authority shall ...
Nevada Revised Statutes Section 171.1538 Arrest of handicapped person: Waiver of right to interpretation or communication. [Effective through June 30, 2005.]
1. The rights to interpretation and communication provided in NRS 171.1536 and 171.1537 ... Nevada Revised Statutes Section 171.1538 Arrest of person with disability: Waiver of right to interpretation or communication. [Effective July 1, 2005.]
1. The rights to interpretation and communication provided in NRS 171.1536 and 171.1537 ... Nevada Revised Statutes Section 171.154 Short title. NRS 171.154 to 171.164, inclusive, may be cited as the Uniform Act on Interstate Fresh Pursuit. ...
Nevada Revised Statutes Section 171.156 Definitions. As used in NRS 171.154 to 171.164, inclusive, unless the context or subject matter otherwise requires:
1. “Fresh pursuit” includes fresh pursuit as defined by the common law ... Nevada Revised Statutes Section 171.158 Arrests within this State by foreign officers; hearing before magistrate.
1. Any member of a duly organized state, county or municipal peace unit of another state of the United ... Nevada Revised Statutes Section 171.162 Duty of Secretary of State. On March 4, 1955, the Secretary of State shall certify a copy of NRS 171.154 to 171.164, inclusive, to the executive department of each of ...
Nevada Revised Statutes Section 171.164 Severability. If any part of NRS 171.154 to 171.164, inclusive, is for any reason declared void, it is declared to be the intent of NRS 171.154 to 171.164, inclusive, that ...
Nevada Revised Statutes Section 171.166 Short title. NRS 171.166 to 171.176, inclusive, may be cited as the Uniform Act on Intrastate Fresh Pursuit. ...
Nevada Revised Statutes Section 171.168 Definitions. “Fresh pursuit” as used in NRS 171.166 to 171.176, inclusive, shall include fresh pursuit as defined by the common law and also the pursuit of a person who has ...
Nevada Revised Statutes Section 171.172 When officer may arrest. Any peace officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state ...
Nevada Revised Statutes Section 171.174 Procedure after arrest. If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant. ...
Nevada Revised Statutes Section 171.176 Limitation. NRS 171.172 shall not make unlawful an arrest which would otherwise be lawful. ...
Nevada Revised Statutes Section 171.177 When person detained must be taken before magistrate. Except as otherwise provided in NRS 171.122 and 171.178, whenever any person is detained by a peace officer for any violation of ...
Nevada Revised Statutes Section 171.1771 Issuance of citation when person detained by peace officer. Whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a ...
Nevada Revised Statutes Section 171.1772 Issuance of citation after arrest by private person. Whenever any person is arrested by a private person, as provided in NRS 171.126, for any violation of a county, city or ...
Nevada Revised Statutes Section 171.1773 Form and contents of citation: When person detained by peace officer.
1. Whenever a person is detained by a peace officer for any violation of a county, city or ... Nevada Revised Statutes Section 171.1774 Form and contents of citation: When issued after arrest by private person.
1. In those instances described in NRS 171.1772, the peace officer summoned after the arrest shall prepare ... Nevada Revised Statutes Section 171.1775 Preparation of citations: Use of citation book or electronic device; maintenance of records relating to citation book or electronic device.
1. Every county, city or town law enforcement agency ... Nevada Revised Statutes Section 171.17751 Designation of certain state, county and city officers to prepare, sign and serve citations.
1. Any board of county commissioners or governing body of a city may designate the ... Nevada Revised Statutes Section 171.1776 Issued citations: Filing with court; disposition of charges by court; unlawful acts; maintenance of records.
1. Every peace officer upon issuing a misdemeanor citation, pursuant to NRS 171.177 to ... Nevada Revised Statutes Section 171.1777 Issued citations: Audit of records. Every record of misdemeanor citations required by NRS 171.177 to 171.1779, inclusive, shall be audited at least semiannually by the appropriate fiscal officer of the ...
Nevada Revised Statutes Section 171.1778 Citation filed with court deemed complaint for purpose of prosecution. If the form of citation:
1. Includes information whose truthfulness is attested as required for a complaint charging commission ... Nevada Revised Statutes Section 171.17785 Unlawful to violate written promise to appear; appearance by counsel in lieu of personal appearance; issuance of warrant upon failure to appear.
1. It is unlawful for a person ... Nevada Revised Statutes Section 171.1779 NRS 171.177 to 171.1779, inclusive, not applicable to violations of traffic laws. The provisions of NRS 171.177 to 171.1779, inclusive, do not apply to those situations in which a person ...
Nevada Revised Statutes Section 171.178 Appearance before magistrate; release from custody by arresting officer.
1. Except as otherwise provided in subsections 5 and 6, a peace officer making an arrest under a warrant issued ... Nevada Revised Statutes Section 171.182 Proceedings before another magistrate. If the defendant is brought before a magistrate in the same county, other than the one who issued the warrant, the affidavits and depositions on which ...
Nevada Revised Statutes Section 171.184 Proceedings upon complaint for offenses triable in another county.
1. When a complaint is laid before a magistrate of the commission of a public offense triable in another county ... Nevada Revised Statutes Section 171.1845 Proceedings upon discovery of another arrest warrant outstanding in another county.
1. If a person is brought before a magistrate under the provisions of NRS 171.178 or 171.184, and ... Nevada Revised Statutes Section 171.186 Rights of defendant before preliminary examination. The magistrate or master shall inform the defendant of the complaint against him and of any affidavit filed therewith, of his right to retain ...
Nevada Revised Statutes Section 171.188 Procedure for appointment of attorney for indigent defendant.
1. Any defendant charged with a public offense who is an indigent may, by oral statement to the district judge, justice ... Nevada Revised Statutes Section 171.192 Certification of bail; discharge of defendant. On admitting the defendant to bail, the magistrate shall certify on the warrant the fact of his having done so, and deliver the warrant ...
Nevada Revised Statutes Section 171.194 Procedure when arrest for capital offense. The defendant, when arrested under a warrant for a capital offense, must be held in custody by the sheriff of the county in which ...
Nevada Revised Statutes Section 171.196 Preliminary examination: Waiver; time for conducting; postponement; introduction of evidence and cross-examination of witnesses by defendant.
1. If an offense is not triable in the justice’s court, the defendant ... Nevada Revised Statutes Section 171.1965 Discovery by defendant before preliminary examination; material subject to discovery; effect of failure to permit discovery.
1. Not less than 2 judicial days before a preliminary examination, the prosecuting ... Nevada Revised Statutes Section 171.197 Use of affidavit at preliminary examination: When permitted; notice by district attorney; circumstances under which district attorney must produce person who signed affidavit; continuances.
1. If a witness resides ... Nevada Revised Statutes Section 171.1975 Use of audiovisual technology to present live testimony at preliminary examination: When permitted; notice by requesting party; opportunity to object; requirements for taking and preserving testimony; limitations on subsequent use.
Nevada Revised Statutes Section 171.198 Reporting testimony of witnesses.
1. The magistrate shall employ a certified court reporter to take down all the testimony and the proceedings on the hearing or examination, and within ... Nevada Revised Statutes Section 171.202 District attorney to prosecute at preliminary examination where felony or gross misdemeanor charged. The district attorney of the proper county shall be present at and conduct the prosecution in all ...
Nevada Revised Statutes Section 171.204 Exclusion of persons; exceptions.
1. Except as otherwise provided in subsection 2, the magistrate may, if good cause is shown and upon the request of any party or on ... Nevada Revised Statutes Section 171.206 Procedure following preliminary examination. If from the evidence it appears to the magistrate that there is probable cause to believe that an offense has been committed and that the defendant ...
Nevada Revised Statutes Section 171.208 Remand for preliminary examination. If a preliminary examination has not been had and the defendant has not unconditionally waived the examination, the district court may for good cause shown at ...
Nevada Revised Statutes Section 172.005 Definitions. As used in this chapter, unless the context otherwise requires:
1. An indictment is an accusation in writing, presented by a grand jury to a competent court, charging ... Nevada Revised Statutes Section 172.015 Prosecution of public offenses. Every public offense must be prosecuted by indictment or information, except:
1. Where proceedings are had for the removal of a civil officer. 2. ... Nevada Revised Statutes Section 172.025 Prosecution by accusation. When proceedings are had for the removal of district, county, municipal or township officers, they may be commenced by accusation, in writing, as provided in chapter 283 ...
Nevada Revised Statutes Section 172.035 Accusations, indictments and informations to be found or filed in district court. All accusations, informations and indictments against district, county, municipal and township officers must be found or filed in ...
Nevada Revised Statutes Section 172.045 Impaneling grand juries. Grand juries shall be impaneled as provided in chapter 6 of NRS. ...
Nevada Revised Statutes Section 172.047 Grand jury impaneled for specific limited purpose. A district judge may impanel a grand jury to inquire into a specific limited matter among those set forth in NRS 172.175. In ...
Nevada Revised Statutes Section 172.055 Challenges to grand jury and to grand jurors: How made and tried. The district attorney or a defendant who has been held to answer in the district court may challenge ...
Nevada Revised Statutes Section 172.065 Motion to dismiss presentment or indictment based on objections to grand jurors. A motion to dismiss the presentment or indictment may be based on objections to the array or on ...
Nevada Revised Statutes Section 172.075 Officers of grand jury. The jury shall elect one of its members to be foreman, another to be deputy foreman and a third to be secretary. The foreman shall have ...
Nevada Revised Statutes Section 172.085 Oath of grand jurors. The following oath must be administered to the grand jury:
You, as grand jurors, will diligently inquire into, and true presentment make, of all ... Nevada Revised Statutes Section 172.095 Charges to be given to grand jury by court; district attorney to inform grand jury of specific elements of public offense considered as basis of indictment.
1. The grand ... Nevada Revised Statutes Section 172.097 Supervision of grand jury by impaneling judge; limitations on and review of expenditures; monthly statement by county treasurer.
1. The district judge impaneling a grand jury shall supervise its ... Nevada Revised Statutes Section 172.105 Powers. The grand jury may inquire into all public offenses triable in the district court or in a justice’s court, committed within the territorial jurisdiction of the district court for ...
Nevada Revised Statutes Section 172.107 Limitations on use of grand jury. A district attorney shall not use a grand jury to discover tangible, documentary or testimonial evidence to assist in the prosecution of a defendant ...
Nevada Revised Statutes Section 172.135 Evidence receivable before grand jury.
1. In the investigation of a charge, for the purpose of either presentment or indictment, the grand jury can receive no other evidence than ... Nevada Revised Statutes Section 172.137 Use of affidavit before grand jury: When permitted; notice by district attorney; circumstances under which district attorney must produce person who signed affidavit; continuances.
1. If a witness resides ... Nevada Revised Statutes Section 172.138 Use of audiovisual technology to present live testimony before grand jury: When permitted; requirements for taking and preserving testimony; limitations on subsequent use.
1. If a witness resides more ... Nevada Revised Statutes Section 172.139 District attorney and grand jury prohibited from questioning attorney regarding matters he learned for client or issuing subpoena for work done by attorney for client. During a grand jury proceeding, ...
Nevada Revised Statutes Section 172.145 Grand jury required to hear and district attorney required to submit known evidence which will explain away charge; invitations and issuance of process for witnesses.
1. The grand jury ... Nevada Revised Statutes Section 172.155 Degree of evidence to warrant indictment; objection.
1. The grand jury ought to find an indictment when all the evidence before them, taken together, establishes probable cause to believe ... Nevada Revised Statutes Section 172.165 Grand juror must declare knowledge as to commission of public offense; investigation. If a member of the grand jury knows or has reason to believe that a public offense has ...
Nevada Revised Statutes Section 172.175 Matters into which grand jury shall and may inquire.
1. Each grand jury that is not impaneled for a specific limited purpose shall inquire into: (a) The case ... Nevada Revised Statutes Section 172.185 Grand jury entitled to enter jails and examine records. The grand jury shall be entitled to free access, at all reasonable times, to all public prisons and to the examination ...
Nevada Revised Statutes Section 172.195 Issuance of subpoenas by grand jury; subpoenaed witnesses must be informed of general nature of inquiry.
1. Except as otherwise provided in NRS 172.139, the grand jury may issue ... Nevada Revised Statutes Section 172.197 Procedure when person subpoenaed to appear before grand jury intends to assert his constitutional privilege against self-incrimination.
1. If a person who has been subpoenaed to appear before a ... Nevada Revised Statutes Section 172.205 Power to engage services of skilled persons. The grand jury shall have the power, with the consent of the board of county commissioners, to engage the services of an attorney ...
Nevada Revised Statutes Section 172.215 Certified court reporter: Appointment; compensation; material required for and prohibited from inclusion in notes.
1. Whenever criminal causes are being investigated by the grand jury, it shall appoint a ... Nevada Revised Statutes Section 172.225 Transcripts: Preparation; public record.
1. If an indictment has been found or accusation presented against a defendant, the stenographic reporter shall certify and file with the county clerk an ... Nevada Revised Statutes Section 172.235 Who may be present when grand jury is in session.
1. Except as otherwise provided in subsection 2, the following persons may be present while the grand jury is ... Nevada Revised Statutes Section 172.239 Legal counsel for certain persons who appear before grand jury.
1. A person whose indictment the district attorney intends to seek or the grand jury on its own motion ... Nevada Revised Statutes Section 172.241 Right of certain persons to appear before grand jury; notice of consideration of indictment; withholding of notice.
1. A person whose indictment the district attorney intends to seek or ... Nevada Revised Statutes Section 172.245 Secrecy of proceedings of grand jury; permitted disclosures; penalty. 1. The disclosure of: (a) Evidence presented to the grand jury; (b) Information obtained by the grand jury; Nevada Revised Statutes Section 172.255 Finding and return of presentment or indictment; effect of failure to indict. 1. A presentment or indictment may be found only upon the concurrence of 12 or more jurors. Nevada Revised Statutes Section 172.259 Publication of fact that no indictment was issued by grand jury. After a grand jury investigation is concluded:
1. A person who was the subject of the investigation but ... Nevada Revised Statutes Section 172.265 Names of witnesses inserted or endorsed at foot of indictment. When an indictment is found, the names of the witnesses examined before the grand jury shall be inserted at the ...
Nevada Revised Statutes Section 172.267 Report of grand jury: Scope; purpose; limitations.
1. A grand jury may issue a report concerning a matter into which it may lawfully inquire. 2. The report must ... Nevada Revised Statutes Section 172.269 Report of grand jury: Inclusion of recommendations to public officers or agencies; criticism must be constructive; positive statement of no indictable activity required, if applicable. A grand jury may include ...
Nevada Revised Statutes Section 172.271 Report of grand jury: Preliminary review by court; notification of identified persons; procedure to expunge improper material; filing and distribution.
1. The grand jury shall submit a draft of ... Nevada Revised Statutes Section 172.275 Discharge of grand jury; discharge or excuse of juror.
1. A grand jury shall serve until discharged by the court and may be so discharged at any time after ... Nevada Revised Statutes Section 172.285 Warrant on presentment.
1. If the court deems that the facts stated in a presentment constitute a public offense triable: (a) In the district court of the county, ... Nevada Revised Statutes Section 172.295 Review by person of his own prior testimony before he testifies before grand jury again. A person who:
1. Is called to testify before a grand jury; and ... Nevada Revised Statutes Section 172.305 Failure to disclose subject of grand jury’s inquiry to defendant not cause for dismissal of subsequent presentment or indictment. A presentment or indictment may not be dismissed on the ground ...
Nevada Revised Statutes Section 173.015 First pleading by State. The first pleading on the part of the State is the indictment or information. ...
Nevada Revised Statutes Section 173.025 Courts may act upon information for all offenses. The several courts of this state shall have and may exercise the same power and jurisdiction to try and determine prosecutions upon ...
Nevada Revised Statutes Section 173.035 Information may be filed following preliminary examination when accused is bound over or when preliminary examination is waived; when information is filed on affidavit; limitation of time; amended information may ...
Nevada Revised Statutes Section 173.045 District attorney or Attorney General to be informant; endorsement of names of witnesses; affidavits.
1. All informations must be filed in the court having jurisdiction of the offenses specified ... Nevada Revised Statutes Section 173.049 Court clerk may accept information filed electronically; procedure; service.
1. A court clerk may accept an information filed pursuant to this chapter that is filed electronically. An information that ... Nevada Revised Statutes Section 173.055 Duties of district attorney or Attorney General; written statement containing reasons why information not filed.
1. The Attorney General when acting pursuant to a specific statute or the district ... Nevada Revised Statutes Section 173.065 Judge may require Attorney General to prosecute if district attorney refuses. The judge of the court having jurisdiction may in extreme cases, upon affidavit filed with him of the commission ...
Nevada Revised Statutes Section 173.075 Nature and contents generally.
1. The indictment or the information must be a plain, concise and definite written statement of the essential facts constituting the offense charged. It must ... Nevada Revised Statutes Section 173.085 Surplusage. The court on motion of the defendant may strike surplusage from the indictment or information. ...
Nevada Revised Statutes Section 173.095 Amendment; notice of habitual criminality, habitually fraudulent felon or habitual felon.
1. The court may permit an indictment or information to be amended at any time before verdict or ... Nevada Revised Statutes Section 173.105 Charging defendant by fictitious or erroneous name: Insertion of true name. When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings his ...
Nevada Revised Statutes Section 173.115 Joinder of offenses. Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or ...
Nevada Revised Statutes Section 173.125 Prosecution not required to elect between different offenses or counts; plea of guilty to one offense does not preclude prosecution for other offenses. The prosecution is not required to elect ...
Nevada Revised Statutes Section 173.135 Joinder of defendants. Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or ...
Nevada Revised Statutes Section 173.145 Issuance of warrant or summons.
1. Upon the request of the Attorney General acting pursuant to a specific statute or the district attorney, the court shall issue a warrant ... Nevada Revised Statutes Section 173.155 Form of warrant; fixing and endorsement of amount of bail. The form of the warrant shall be as provided in NRS 171.108 except that it shall be signed by the ...
Nevada Revised Statutes Section 173.165 Manner of proceeding on giving bail in another county. If the offense charged in the warrant is bailable, and the defendant is arrested in another county, the officer must, upon ...
Nevada Revised Statutes Section 173.175 Ordering defendant charged with felony into custody unless increased bail is given. When the indictment or information is for a felony and the defendant before the filing thereof has given ...
Nevada Revised Statutes Section 173.185 Form of summons. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time ...
Nevada Revised Statutes Section 173.195 Execution of warrant and service of summons. The warrant shall be executed or the summons served as provided in NRS 171.114, 171.118 and 171.122. A summons to a corporation shall ...
Nevada Revised Statutes Section 173.205 Return of warrant and summons; reissuance.
1. The peace officer executing a warrant shall make return thereof to the court. At the request of the Attorney General acting pursuant ... Nevada Revised Statutes Section 174.015 Conduct of arraignment.
1. Arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating to him the substance ... Nevada Revised Statutes Section 174.025 Proceedings respecting name of defendant; entry of true name in minutes; subsequent proceedings in true name. When the defendant is arraigned, he must be informed that if the name by ...
Nevada Revised Statutes Section 174.035 Types of pleas; procedure for entering plea.
1. A defendant may plead not guilty, guilty or, with the consent of the court, nolo contendere. The court may refuse to ... Nevada Revised Statutes Section 174.041 Plea of guilty but mentally ill: Hearing; examination of defendant and testimony; plea is not defense to offense charged; acceptance of plea. Repealed. (See chapter 284, Statutes of Nevada 2003, ...
Nevada Revised Statutes Section 174.055 Proceedings on plea of guilty in justice’s court. In the justice’s court, if the defendant pleads guilty, the court may, before entering such a plea or pronouncing judgment, examine witnesses ...
Nevada Revised Statutes Section 174.061 Plea bargaining: General requirements; prohibited agreements.
1. If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against another defendant in ... Nevada Revised Statutes Section 174.063 Written plea agreement for plea of guilty: Form; content.
1. If a plea of guilty is made in a written plea agreement, the agreement must be substantially in the ... Nevada Revised Statutes Section 174.065 When plea may specify degree of crime or punishment. Except as otherwise provided in NRS 174.061:
1. On a plea of guilty to an information or indictment accusing a ... Nevada Revised Statutes Section 174.075 Pleadings and motions. 1. Pleadings in criminal proceedings are the indictment, the information and, in justice’s court, the complaint, and the pleas of guilty, not guilty and nolo contendere. Nevada Revised Statutes Section 174.085 Proceedings not constituting acquittal; effect of acquittal on merits; proceedings constituting bar to another prosecution; retrial after discharge of jury; effect of voluntary dismissal.
1. If a defendant was ... Nevada Revised Statutes Section 174.095 Defenses and objections which may be raised by motion. Any defense or objection which is capable of determination without the trial of the general issue may be raised before trial ...
Nevada Revised Statutes Section 174.098 Motion to declare that defendant is mentally retarded: When authorized; procedure.
1. A defendant who is charged with murder of the first degree in a case in which the ... Nevada Revised Statutes Section 174.105 Defenses and objections which must be raised by motion.
1. Defenses and objections based on defects in the institution of the prosecution, other than insufficiency of the evidence to ... Nevada Revised Statutes Section 174.115 Time of making motion. The motion shall be made before the plea is entered, but the court may permit it to be made within a reasonable time thereafter. ...
Nevada Revised Statutes Section 174.125 Certain motions required to be made before trial.
1. All motions in a criminal prosecution to suppress evidence, for a transcript of former proceedings, for a preliminary hearing, for ... Nevada Revised Statutes Section 174.135 Hearing on motion.
1. A motion before trial raising defenses or objections shall be determined before trial unless the court orders that it be deferred for determination at the ... Nevada Revised Statutes Section 174.145 Effect of determination.
1. If a motion is determined adversely to the defendant he shall be permitted to plead if he had not previously pleaded. A plea previously entered ... Nevada Revised Statutes Section 174.155 Trial together of indictments or informations. The court may order two or more indictments or informations or both to be tried together if the offenses, and the defendants if there ...
Nevada Revised Statutes Section 174.165 Relief from prejudicial joinder.
1. If it appears that a defendant or the State of Nevada is prejudiced by a joinder of offenses or of defendants in an indictment ... Nevada Revised Statutes Section 174.171 Applicability. The provisions of NRS 174.171 to 174.225, inclusive, do not apply to a deposition taken pursuant to NRS 174.227 or used pursuant to NRS 174.228, or both. ...
Nevada Revised Statutes Section 174.175 When taken.
1. If it appears that a prospective witness may be unable to attend or prevented from attending a trial or hearing, that his testimony is material and ... Nevada Revised Statutes Section 174.185 Notice of taking. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking ...
Nevada Revised Statutes Section 174.195 Defendant’s counsel and payment of expenses. If a defendant is without counsel the court shall advise him of his right and assign counsel to represent him unless the defendant elects ...
Nevada Revised Statutes Section 174.205 How taken. A deposition shall be taken in the manner provided in civil actions. The court at the request of a defendant may direct that a deposition be taken on ...
Nevada Revised Statutes Section 174.215 Use of deposition.
1. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may ... Nevada Revised Statutes Section 174.225 Objections to admissibility. Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions. ...
Nevada Revised Statutes Section 174.227 Videotaped depositions: Order of court; notice to parties; cross-examination; use.
1. A court on its own motion or on the motion of the district attorney may, for good cause ... Nevada Revised Statutes Section 174.228 Videotaped depositions: Use. A court may allow a videotaped deposition to be used instead of the deponent’s testimony at trial only if:
1. In the case of a victim ... Nevada Revised Statutes Section 174.229 Videotaped testimony. If a prospective witness who is scheduled to testify before a grand jury or at a preliminary hearing is less than 14 years of age, the court shall, ...
1. The submission of videotaped depositions or testimony which are otherwise admissible as evidence in court. 2. A victim or prospective witness from testifying at a proceeding without the use of his videotaped deposition or testimony. ...
Nevada Revised Statutes Section 174.233 Disclosure by defendant of intent to claim alibi; defendant to disclose list of alibi witnesses; prosecuting attorney to disclose list of rebuttal witnesses; continuing duty to disclose; sanctions.
1. ... Nevada Revised Statutes Section 174.234 Reciprocal disclosure of lists of witnesses and information relating to expert testimony; continuing duty to disclose; protective orders; sanctions.
1. Except as otherwise provided in this section, not ... Nevada Revised Statutes Section 174.235 Disclosure by prosecuting attorney of evidence relating to prosecution; limitations.
1. Except as otherwise provided in NRS 174.233 to 174.295, inclusive, at the request of a defendant, the prosecuting ... Nevada Revised Statutes Section 174.245 Disclosure by defendant of evidence relating to defense; limitations.
1. Except as otherwise provided in NRS 174.233 to 174.295, inclusive, at the request of the prosecuting attorney, the defendant ... Nevada Revised Statutes Section 174.275 Protective orders. Upon a sufficient showing, the court may at any time order that discovery or inspection pursuant to NRS 174.234 to 174.295, inclusive, be denied, restricted or deferred, or ...
Nevada Revised Statutes Section 174.285 Time limits.
1. A request made pursuant to NRS 174.235 or 174.245 may be made only within 30 days after arraignment or at such reasonable later time as the ... Nevada Revised Statutes Section 174.295 Continuing duty to disclose; failure to comply; sanctions.
1. If, after complying with the provisions of NRS 174.235 to 174.295, inclusive, and before or during trial, a party discovers ... Nevada Revised Statutes Section 174.305 Subpoena for attendance of witnesses; form; issuance. Except as provided in NRS 172.195 and 174.315:
1. A subpoena must be issued by the clerk under the seal of the ... Nevada Revised Statutes Section 174.315 Issuance of subpoena by prosecuting attorney or attorney for defendant; promise to appear; informing witness of general nature of grand jury’s inquiry.
1. The prosecuting attorney may issue subpoenas ... Nevada Revised Statutes Section 174.325 Production of prisoner as witness.
1. When it is necessary to have a person imprisoned in the state prison brought before any district court, or a person imprisoned in ... Nevada Revised Statutes Section 174.335 Subpoena for production of documentary evidence and of objects.
1. Except as otherwise provided in NRS 172.139, a subpoena may also command the person to whom it is directed ... Nevada Revised Statutes Section 174.345 Service of subpoena.
1. Except as otherwise provided in NRS 174.315 and subsection 2, a subpoena may be served by a peace officer or by any other person who ... Nevada Revised Statutes Section 174.365 Place of service. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the State of Nevada. ...
Nevada Revised Statutes Section 174.375 Subpoena for taking depositions; place of examination.
1. An order to take a deposition authorizes the issuance by the clerk of the court for the county in which the ... Nevada Revised Statutes Section 174.385 Contempt. Failure by any person without adequate excuse to obey a subpoena of a court or a prosecuting attorney served upon him or, in the case of a subpoena issued ...
Nevada Revised Statutes Section 174.395 Short title. NRS 174.395 to 174.445, inclusive, may be cited as the Uniform Act To Secure the Attendance of Witnesses From Without a State in Criminal Proceedings. ...
Nevada Revised Statutes Section 174.405 Definitions. As used in NRS 174.395 to 174.445, inclusive:
1. “State” shall include any territory of the United States and the District of Columbia. 2. “Summons” shall include ... Nevada Revised Statutes Section 174.415 Summoning witness in this State to testify in another state.
1. If a judge of a court of record in any state which by its laws has made provision ... Nevada Revised Statutes Section 174.425 Witness from another state summoned to testify in this state.
1. If a person in any state, which by its laws has made provision for commanding persons within its ... Nevada Revised Statutes Section 174.435 Exemption from arrest and service of process.
1. If a person comes into this state in obedience to a summons directing him to attend and testify in this state ... Nevada Revised Statutes Section 174.445 Uniformity of interpretation. NRS 174.395 to 174.445, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact ...
Nevada Revised Statutes Section 174.455 Ground for removal; application not to be granted until after voir dire examination; appeal of order changing or refusing to change place of trial.
1. A criminal action prosecuted ... Nevada Revised Statutes Section 174.464 Application for removal: Making and service; hearing and determination in absence of defendant.
1. The application for removal must be made in open court, and in writing, verified by ... Nevada Revised Statutes Section 174.475 Order transferring action: When to be made. If the court is satisfied that the representations of the applicant are true, an order must be made transferring the action to the ...
Nevada Revised Statutes Section 174.485 Entry of order of removal; transmittal of papers. The order of removal must be entered on the minutes, and the clerk must immediately make out and transmit to the court ...
Nevada Revised Statutes Section 174.495 Proceedings on removal when defendant is in custody. If the defendant is in custody, the order must direct his removal and he must be forthwith removed by the sheriff of ...
Nevada Revised Statutes Section 174.505 Authority of court to which action is removed; transmission of original papers. The court to which the action is removed must proceed to trial and judgment therein as if the ...
Nevada Revised Statutes Section 174.511 Right of State to trial within 60 days after arraignment; exceptions. The State, upon demand, has the right to a trial of the defendant within 60 days after his arraignment. ...
Nevada Revised Statutes Section 174.515 Postponement: When and how ordered; court may require depositions of and undertakings by witnesses; court may consider adverse effect upon child who is victim or witness.
1. When an ... Nevada Revised Statutes Section 174.519 Request for preference in setting date for trial where child is victim or witness; court may consider effect on child of delay in commencement of trial. If the trial involves ...
Nevada Revised Statutes Section 175.011 Trial by jury.
1. In a district court, cases required to be tried by jury must be so tried unless the defendant waives a jury trial in writing with ... Nevada Revised Statutes Section 175.021 Formation of jury; number of jurors.
1. Trial juries for criminal actions are formed in the same manner as trial juries in civil actions. 2. Except as provided ... Nevada Revised Statutes Section 175.031 Examination of trial jurors. The court shall conduct the initial examination of prospective jurors, and defendant or his attorney and the district attorney are entitled to supplement the examination by ...
Nevada Revised Statutes Section 175.036 Challenges for cause for individual jurors: Grounds; trial of challenge.
1. Either side may challenge an individual juror for disqualification or for any cause or favor which would prevent ... Nevada Revised Statutes Section 175.041 Limitation of defendants’ right to sever in challenges. When several defendants are tried together, they cannot sever their peremptory challenges, but must join therein. ...
Nevada Revised Statutes Section 175.051 Number of peremptory challenges.
1. If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges. 2. If ... Nevada Revised Statutes Section 175.061 Alternate jurors.
1. The court may direct that not more than four jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate ... Nevada Revised Statutes Section 175.071 Discharge of juror where juror dies or unable to perform duty. If, before the conclusion of the trial, and there being no alternate juror called or available, a juror dies, ...
Nevada Revised Statutes Section 175.081 Discharge of jury after retirement upon accident or cause. If, after the retirement of the jury, any accident or cause occurs to prevent their being kept for deliberation, the jury ...
Nevada Revised Statutes Section 175.091 Disability of judge during trial. If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, ...
Nevada Revised Statutes Section 175.101 Disability of judge after verdict or finding of guilt. If by reason of absence from the judicial district, death, sickness or other disability the judge before whom the defendant has ...
Nevada Revised Statutes Section 175.111 Oath of jurors. When the jury has been impaneled, the court shall administer the following oath:
Do you and each of you solemnly swear that you will well and ... Nevada Revised Statutes Section 175.121 Personal knowledge of jurors.
1. The judge shall then admonish the jury that: (a) No juror may declare to his fellow jurors any fact relating to the case ... Nevada Revised Statutes Section 175.131 Judge to inform jury of right to take notes. Before any evidence has been introduced the judge may inform the jury they may individually take notes during the trial, but ...
Nevada Revised Statutes Section 175.141 Order of trial. The jury having been impaneled and sworn, the trial shall proceed in the following order:
1. If the indictment or information be for a felony, the ... Nevada Revised Statutes Section 175.151 Number of counsel who may argue case. If the indictment or information be for an offense punishable with death, two counsel on each side may argue the case to the ...
Nevada Revised Statutes Section 175.161 Instructions.
1. Upon the close of the argument, the judge shall charge the jury. He may state the testimony and declare the law, but may not charge the jury ... Nevada Revised Statutes Section 175.171 No special instructions to be given relating exclusively to defendant’s testimony. In the trial of all indictments, complaints and other proceedings against persons charged with the commission of crimes or ...
Nevada Revised Statutes Section 175.181 Instruction not to be given relative to failure of defendant to testify.
1. No instruction shall be given relative to the failure of the person charged with the commission ... Nevada Revised Statutes Section 175.186 Instructions in prosecution for sexual assault or statutory sexual seduction: Use of certain terms and instructions prohibited.
1. In any prosecution for sexual assault or statutory sexual seduction or ... Nevada Revised Statutes Section 175.191 Presumption of innocence: Acquittal in case of reasonable doubt. A defendant in a criminal action is presumed to be innocent until the contrary is proved; and in case of a ...
Nevada Revised Statutes Section 175.201 Presumption of innocence: Conviction of lowest degree of offense. Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence ...
Nevada Revised Statutes Section 175.211 Definition of reasonable doubt; no other definition to be given to juries.
1. A reasonable doubt is one based on reason. It is not mere possible doubt, but is ... Nevada Revised Statutes Section 175.221 Evidence.
1. In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by statute. 2. The admissibility of evidence and the ... Nevada Revised Statutes Section 175.241 Proof of corporate existence generally. If, upon a trial or proceeding in a criminal case, the existence, constitution or powers of any corporation shall become material, or be in any ...
Nevada Revised Statutes Section 175.251 Conspiracy: Allegation and proof of overt act; evidence of overt acts not alleged. Upon a trial for conspiracy, in a case where an overt act shall be necessary to constitute ...
Nevada Revised Statutes Section 175.261 False pretenses: What evidence necessary. Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person, to ...
Nevada Revised Statutes Section 175.271 Expert witnesses.
1. The court may order the defendant or the State or both to show cause why expert witnesses should not be appointed, and may request the parties ... Nevada Revised Statutes Section 175.282 Plea bargain: Inspection by jury; instruction of jury; cross-examination of defendant. If a prosecuting attorney enters into an agreement with a defendant in which the defendant agrees to testify against ...
Nevada Revised Statutes Section 175.291 Testimony of accomplice must be corroborated; sufficiency of corroboration; accomplice defined.
1. A conviction shall not be had on the testimony of an accomplice unless he is corroborated by ... Nevada Revised Statutes Section 175.301 Abortion or enticing person for prostitution: Testimony of person upon or with whom offense allegedly committed. Upon a trial for procuring or attempting to procure an abortion, or aiding or ...
Nevada Revised Statutes Section 175.311 Procedure when higher offense is shown by evidence. If it appears by the testimony that the facts proved constitute an offense of a higher nature than that charged in the ...
Nevada Revised Statutes Section 175.321 Procedure if higher offense ignored. If an indictment for the higher offense be dismissed by the grand jury, or be not found at its next session, or if an information ...
Nevada Revised Statutes Section 175.331 When defendant on bail appears for trial he may be committed and held. When a defendant who has given bail appears for trial, the court may, in its discretion, at ...
Nevada Revised Statutes Section 175.341 Mistake in charging proper offense: Defendant not discharged; commitment or bail. When it appears, at any time before verdict or judgment, that a mistake has been made in charging the ...
Nevada Revised Statutes Section 175.351 Discharge of defendant when jury discharged for want of jurisdiction. If the jury is discharged because the court has not jurisdiction of the offense charged, and it appears that it ...
Nevada Revised Statutes Section 175.361 Offense committed in other county: Commitment to await warrant; admission to bail; transmittal of papers to district attorney of proper county; expense of transmission. If the offense was committed within ...
Nevada Revised Statutes Section 175.371 Discharge where defendant not arrested on warrant from other county; proceedings in case of arrest.
1. If the defendant is not arrested on a warrant from the proper county, ... Nevada Revised Statutes Section 175.381 Court may advise jury to acquit defendant when evidence on either side closed; motion for judgment of acquittal after verdict of guilty; subsequent motion for new trial.
1. If, ... Nevada Revised Statutes Section 175.383 Withdrawal, discharge or change of defense counsel; limitations. If a counsel seeks to withdraw from the case or is discharged by the defendant for the purpose of delaying the trial, ...
Nevada Revised Statutes Section 175.387 Misconduct of defendant; sanctions.
1. Whenever a defendant interferes with the orderly course of a trial by his disruptive, disorderly or disrespectful conduct, the court may: (a) Order ... Nevada Revised Statutes Section 175.391 Separation or custody of jury before submission. The jurors sworn to try a criminal action may, at any time before the submission of the case to the jury, in the ...
Nevada Revised Statutes Section 175.401 Jury to be admonished at each adjournment. At each adjournment of the court, whether the jurors are permitted to separate or depart for home overnight, or are kept in charge ...
Nevada Revised Statutes Section 175.421 Accommodations for jury upon retirement; power of court to furnish. A room shall be provided by the sheriff of each county for the use of the jury upon their retirement ...
Nevada Revised Statutes Section 175.431 Jury provided food and lodging when kept together. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they shall be ...
Nevada Revised Statutes Section 175.441 Jury may take written instructions, materials received in evidence, certain papers and own notes of trial on retiring for deliberation. Upon retiring for deliberation, the jury may take with them:
Nevada Revised Statutes Section 175.451 Return of jury for information. After the jury have retired for deliberation, if there is any disagreement between them as to any part of the testimony, or if they desire ...
Nevada Revised Statutes Section 175.461 Jury not to be discharged after cause submitted; exceptions. Except as provided in NRS 175.081, the jury shall not be discharged after the cause is submitted to them, until they ...
Nevada Revised Statutes Section 175.471 Adjournment of court during absence of jury. While the jury are absent, the court may adjourn from time to time, as to other business, but it shall nevertheless be deemed ...
Nevada Revised Statutes Section 175.481 Return. The verdict shall be unanimous. It shall be returned by the jury to the judge in open court. ...
Nevada Revised Statutes Section 175.491 Verdict where there are several defendants. If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to ...
Nevada Revised Statutes Section 175.501 Jury may convict of lesser included offense or attempt. The defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit ...
Nevada Revised Statutes Section 175.511 When offenses to be stated separately. When the defendant may be convicted of more than one offense charged, each offense of which the defendant is convicted must be stated in ...
Nevada Revised Statutes Section 175.531 Polling jury; further deliberation or discharge. When a verdict is returned and before it is recorded the jury shall be polled at the request of any party or upon the ...
Nevada Revised Statutes Section 175.539 Acquittal by reason of insanity: Defendant to be examined; hearing to be held to determine whether defendant is mentally ill; procedure for committing defendant to custody of Division of Mental ...
Nevada Revised Statutes Section 175.541 Discharge of defendant after acquittal. If judgment of acquittal be given on a verdict, and the defendant be not detained for any other legal cause, he must be discharged as ...
Nevada Revised Statutes Section 175.543 Notice to defendant of provisions concerning sealing of records of proceedings leading to acquittal. Upon the entry of a judgment of acquittal, the court shall provide the defendant with a ...
Nevada Revised Statutes Section 175.547 Notice of intent to request hearing; time of hearing; evidence; court to enter finding; “sexually motivated” defined.
1. In any case in which a defendant pleads or is found ... Nevada Revised Statutes Section 175.552 When required; procedure; evidence.
1. Except as otherwise provided in subsection 2, in every case in which there is a finding that a defendant is guilty of murder of ... Nevada Revised Statutes Section 175.554 Death penalty cases: Instructions to jury; determinations; findings and verdict; hearing to set aside sentence of defendant alleged to be mentally retarded. In cases in which the death penalty is ...
Nevada Revised Statutes Section 175.556 Procedure when jury unable to reach unanimous verdict.
1. In a case in which the death penalty is sought, if a jury is unable to reach a unanimous verdict ... Nevada Revised Statutes Section 175.558 Procedure when person is convicted upon plea of guilty or guilty but mentally ill or upon trial without jury and death penalty is sought. Repealed. (See chapter 366, Statutes of ...
Nevada Revised Statutes Section 175.562 Procedure when panel of judges unable to obtain concurrence of majority for sentence less than death. Repealed. (See chapter 366, Statutes of Nevada 2003, at page 2085.) ...
Nevada Revised Statutes Section 176A.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 176A.020 to 176A.080, inclusive, have the meanings ascribed to them in those ...
Nevada Revised Statutes Section 176A.020 “Board” defined. “Board” means the State Board of Parole Commissioners. ...
Nevada Revised Statutes Section 176A.030 “Court” defined. “Court” means a district court of the State of Nevada. ...
Nevada Revised Statutes Section 176A.040 “Division” defined. “Division” means the Division of Parole and Probation of the Department of Public Safety. ...
Nevada Revised Statutes Section 176A.045 “Mental illness” defined. “Mental illness” has the meaning ascribed to it in NRS 433.164. ...
Nevada Revised Statutes Section 176A.047 “Mental retardation” defined. “Mental retardation” has the meaning ascribed to it in NRS 433.174. ...
Nevada Revised Statutes Section 176A.050 “Parole and probation officer” defined. “Parole and probation officer” means the Chief Parole and Probation Officer or an assistant parole and probation officer appointed in accordance with the provisions of ...
Nevada Revised Statutes Section 176A.060 “Residential confinement” defined. “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the sentencing court. ...
Nevada Revised Statutes Section 176A.070 “Standards” defined. “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or Chief Parole and Probation Officer. ...
Nevada Revised Statutes Section 176A.080 “Surety bond” defined. “Surety bond” means a written undertaking, executed by a surety, that a person will, as a result of the bond, participate in a program of probation and ...
Nevada Revised Statutes Section 176A.100 Authority and discretion of court to suspend sentence and grant probation; persons eligible; factors considered; intensive supervision; submission of report of presentence investigation.
1. Except as otherwise provided in ... Nevada Revised Statutes Section 176A.110 Persons convicted of certain offenses required to be certified as not representing a high risk to reoffend before court suspends sentence or grants probation; immunity.
1. The court shall ... Nevada Revised Statutes Section 176A.120 Persons convicted of certain offenses against elderly required to pay restitution before court suspends sentence or grants probation; exceptions.
1. Except as otherwise provided in subsection 2, the court ... Nevada Revised Statutes Section 176A.200 Investigation by parole and probation officer. The parole and probation officer shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Such ...
Nevada Revised Statutes Section 176A.210 Promise to comply with conditions of probation; waiver of extradition. Before a person may be accepted for probation, he must submit to the Division for filing with the clerk of ...
Nevada Revised Statutes Section 176A.220 Certification of copy of records; delivery of copy to Chief Parole and Probation Officer. The court shall, upon the entering of an order of probation or suspension of sentence, as ...
Nevada Revised Statutes Section 176A.250 Establishment of program for treatment of mental illness or mental retardation; assignment of defendant to program; progress reports. A court may establish an appropriate program for the treatment of mental ...
Nevada Revised Statutes Section 176A.255 Transfer of jurisdiction from justice’s court or municipal court to district court for assignment of defendant to program.
1. A justice’s court or a municipal court may, upon approval ... Nevada Revised Statutes Section 176A.260 Conditions and limitations on assignment of defendant to program; effect of violation of terms and conditions; discharge of defendant upon fulfillment of terms and conditions; effect of discharge.
1. ... Nevada Revised Statutes Section 176A.265 Sealing of records after discharge.
1. Three years after a defendant is discharged from probation pursuant to NRS 176A.260, the court shall order sealed all documents, papers and exhibits ... Nevada Revised Statutes Section 176A.300 Execution and amount of surety bond.
1. Whenever a person other than an indigent person has been found guilty of a category C, D or E felony upon verdict ... Nevada Revised Statutes Section 176A.310 Conditions; duties of surety; probationer to report to and pay surety.
1. The court shall set the conditions of a program of probation secured by a surety bond. The ... Nevada Revised Statutes Section 176A.320 Failure of surety to fulfill duties; failure of probationer to fulfill conditions of surety bond.
1. If a surety fails to: (a) Provide the facilities or equipment required ... Nevada Revised Statutes Section 176A.330 Exoneration of surety and setting aside of forfeiture of surety bond. The court may exonerate the surety or set aside a forfeiture of the surety bond upon such terms as ...
Nevada Revised Statutes Section 176A.340 Procedure when surety not exonerated; enforcement of liability; remission of judgment of default.
1. If the surety is not exonerated and the forfeiture of the surety bond is not ... Nevada Revised Statutes Section 176A.350 Discharge of surety and release of bond. When the conditions of a surety bond securing participation in a program of probation have been satisfied or a forfeiture of a bond ...
Nevada Revised Statutes Section 176A.360 Arrest of probationer. For the purpose of surrendering a probationer, a surety, at any time before it is finally discharged, and at any place within the State, may, by a ...
Nevada Revised Statutes Section 176A.370 Money collected to be deposited in State General Fund. Money collected pursuant to NRS 176A.300 to 176A.370, inclusive, must be paid to the State Treasurer for deposit in the State ...
Nevada Revised Statutes Section 176A.400 Imposition by court; alternative programs or treatment; prohibition on suspending term of imprisonment; placement under supervision of Chief Parole and Probation Officer.
1. In issuing an order granting probation, ... Nevada Revised Statutes Section 176A.410 Required terms and conditions for sex offenders; powers and duties of court; exceptions.
1. Except as otherwise provided in subsection 3, if a defendant is convicted of a sexual ... Nevada Revised Statutes Section 176A.413 Restrictions relating to computers and use of Internet and other electronic means of communication; powers and duties of court; exceptions.
1. Except as otherwise provided in subsection 2, if ... Nevada Revised Statutes Section 176A.416 Evaluations and counseling for offenses involving cruelty to animals; powers and duties of court.
1. As a condition of probation, the court may order a defendant who is convicted ... Nevada Revised Statutes Section 176A.420 Tests to determine use of controlled substance.
1. Upon the granting of probation to a person convicted of a felony or gross misdemeanor, the court may, when the circumstances ... Nevada Revised Statutes Section 176A.430 Restitution.
1. The court shall order as a condition of probation or suspension of sentence, in appropriate circumstances, that the defendant make full or partial restitution to the person ... Nevada Revised Statutes Section 176A.440 Program of Intensive Supervision.
1. The Chief Parole and Probation Officer shall develop a program for the intensive supervision of a person granted probation pursuant to subsection 4 of ... Nevada Revised Statutes Section 176A.450 Modification; procedure for modifying conditions relating to program of probation secured by surety bond; limitations.
1. Except as otherwise provided in this section, by order duly entered, the court ... Nevada Revised Statutes Section 176A.500 Authority of court to fix duration; limitations; arrest for alleged violation; powers and duties of peace officers.
1. The period of probation or suspension of sentence may be indeterminate ... Nevada Revised Statutes Section 176A.530 Authority of Chief Parole and Probation Officer to order. The Chief Parole and Probation Officer may, in accordance with the provisions of NRS 176A.530 to 176A.560, inclusive, order any probationer ...
Nevada Revised Statutes Section 176A.540 Requirements; intensive supervision; use of electronic device; limitations.
1. The Chief Parole and Probation Officer may order the residential confinement of a probationer if he believes that the probationer ... Nevada Revised Statutes Section 176A.550 Terms and conditions; modification; notice to probationer.
1. In ordering a probationer to be placed in residential confinement, the Chief Parole and Probation Officer may establish the terms and ... Nevada Revised Statutes Section 176A.560 Termination; detention of probationer in jail.
1. The Chief Parole and Probation Officer may terminate the residential confinement of a probationer and order the detention of the probationer in ... Nevada Revised Statutes Section 176A.580 Inquiry required before alleged violation considered by court; qualifications of inquiring officer; time and place of inquiry; exceptions; subpoenas.
1. Before a probationer in custody for a violation of ... Nevada Revised Statutes Section 176A.590 Enforcement of subpoena issued by inquiring officer; contempt.
1. If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the ... Nevada Revised Statutes Section 176A.600 Notice to probationer; rights of probationer at inquiry.
1. The parole and probation officer or detaining authority shall give the arrested probationer advance notice of: (a) The place ... Nevada Revised Statutes Section 176A.610 Duties of inquiring officer; determination; detention or residential confinement of probationer upon finding probable cause.
1. Upon completion of the inquiry, the inquiring officer shall: (a) Make a ... Nevada Revised Statutes Section 176A.630 Assignment of case; consideration of alleged violation; revocation permitted upon finding violation; alternative actions; restitution for governmental expenses. If the probationer is arrested, by or without warrant, in another judicial ...
Nevada Revised Statutes Section 176A.640 Expenses of returning arrested probationer to court are charge against State; payment. The necessary expenses of returning to the court a person arrested for violation of probation are a charge ...
Nevada Revised Statutes Section 176A.660 Authority of court to order; requirements; intensive supervision; use of electronic device; limitations.
1. If a person who has been placed on probation violates a condition of his probation, ... Nevada Revised Statutes Section 176A.670 Terms and conditions; modification; notice.
1. In ordering a person to a term of residential confinement, a court may establish the terms and conditions of that confinement. 2. ... Nevada Revised Statutes Section 176A.680 Authority of court to modify or rescind for subsequent violation; imposition of other punishment. If it is determined that the person violated any term or condition of his residential confinement, ...
Nevada Revised Statutes Section 176A.690 Establishment of procedures by Division for supervision of persons in residential confinement. The Division shall establish procedures to administer a program of supervision for persons who are ordered to a ...
Nevada Revised Statutes Section 176A.720 Establishment. The Division may:
1. Establish centers for the housing and supervision of probationers assigned to the centers under NRS 176A.730. 2. Contract for any services necessary to ... Nevada Revised Statutes Section 176A.730 Assignment of probationers; limitations.
1. Except as otherwise provided in subsection 2, when a district court grants probation to a person convicted of a felony or continues his probation ... Nevada Revised Statutes Section 176A.740 Duties and powers of Division; management of earnings and assets of probationer; regulations.
1. The Division shall: (a) Determine a fixed amount to be deducted from the wages ... Nevada Revised Statutes Section 176A.770 Legislative declaration. The Legislature hereby determines and declares that a program of regimental discipline is not to be used as an alternative to probation, but as an alternative to incarceration. ...
Nevada Revised Statutes Section 176A.780 Eligibility; procedure; completion; deduction of time from sentence.
1. If a defendant: (a) Is male; (b) Has been convicted of a felony that does not involve an ... Nevada Revised Statutes Section 176A.850 Honorable discharge from probation: When granted; restoration of civil rights; effect; documentation.
1. A person who: (a) Has fulfilled the conditions of his probation for the entire period ... Nevada Revised Statutes Section 176A.860 Procedure for applying for restoration of civil rights after honorable discharge. Repealed. (See chapter 447, Statutes of Nevada 2003, at page 2734.) ...
Nevada Revised Statutes Section 176A.870 Dishonorable discharge. A defendant whose term of probation has expired and:
1. Whose whereabouts are unknown; 2. Who has failed to make restitution in full as ordered by ... Nevada Revised Statutes Section 176.002 “Division” defined. As used in this chapter, unless the context otherwise requires, “Division” means the Division of Parole and Probation of the Department of Public Safety. ...
Nevada Revised Statutes Section 176.0121 “Commission” defined. As used in NRS 176.0121 to 176.0129, inclusive, “Commission” means the Advisory Commission on Sentencing. ...
Nevada Revised Statutes Section 176.0123 Creation; members and appointing authorities; Chairman; terms; vacancies; salaries and per diem.
1. The Advisory Commission on Sentencing is hereby created. The Commission consists of: (a) One member ... Nevada Revised Statutes Section 176.0125 Duties of Commission. The Commission shall: 1. Identify and study the elements of this state’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors. Nevada Revised Statutes Section 176.0127 Department of Corrections and Division of Parole and Probation to provide information to and assist Commission.
1. The Department of Corrections shall: (a) Provide the Commission with any ... Nevada Revised Statutes Section 176.0129 Annual projections of persons imprisoned, on probation, on parole and in residential confinement. The Department of Administration shall, on an annual basis, contract for the services of an independent contractor, ...
Nevada Revised Statutes Section 176.015 Prompt hearing; court may commit defendant or continue or alter bail before hearing; statement by defendant; presentation of mitigating evidence; rights of victim; notice of hearing.
1. Sentence must ... Nevada Revised Statutes Section 176.025 Death sentence not to be imposed on person under age of 16 years convicted of crime. A death sentence shall not be imposed or inflicted upon any person convicted of ...
Nevada Revised Statutes Section 176.033 Sentence of imprisonment required or permitted by statute: Definite period for misdemeanor or gross misdemeanor; minimum and maximum term for felony unless definite term required by statute; restitution; modification of ...
Nevada Revised Statutes Section 176.035 Conviction of two or more offenses; concurrent and consecutive sentences.
1. Except as otherwise provided in subsection 2, whenever a person is convicted of two or more offenses, and ... Nevada Revised Statutes Section 176.045 Imposition of concurrent or consecutive sentence on person under sentence in another jurisdiction.
1. Whenever a person convicted of a public offense in this State is under sentence of ... Nevada Revised Statutes Section 176.055 Credit against sentence of imprisonment.
1. Except as otherwise provided in subsection 2, whenever a sentence of imprisonment in the county jail or state prison is imposed, the court ... Nevada Revised Statutes Section 176.059 Administrative assessment for misdemeanor: Collection; distribution; limitations on use.
1. Except as otherwise provided in subsection 2, when a defendant pleads guilty or is found guilty of a misdemeanor, ... Nevada Revised Statutes Section 176.0611 Additional administrative assessment for misdemeanor: Authorization; collection; distribution; limitations on use.
1. A county or a city, upon recommendation of the appropriate court, may, by ordinance, authorize the justices ... Nevada Revised Statutes Section 176.0613 Additional administrat |