Title 14

NRS 178.4871 Postconviction petitioner for habeas corpus: Limitations on release. A person who has filed a postconviction petition for habeas corpus challenging a judgment of conviction or sentence: 1. Must not in any case be released on the person’s own recognizance. 2. Must not…

NRS 178.4873 Postconviction petitioner for habeas corpus: Release pending appeal. If a district court denies a postconviction petition for habeas corpus challenging a judgment of conviction or sentence, the petitioner must not be released on the petitioner’s own recognizance or a…

NRS 178.4875 Proceeding for forfeiture of bail pending review or appeal; proceeding for recommitment of defendant. 1. If the court admits a petitioner to bail pending review of the petition or pending appeal, any subsequent proceeding for forfeiture of the bail must take place in…

NRS 178.488 Right to bail upon review; notice of application to be given district attorney. 1. Bail may be allowed pending appeal or certiorari unless it appears that the appeal is frivolous or taken for delay. 2. Pending appeal to a district court, bail may be allowed by the tri…

NRS 178.494 Bail for material witnesses; judicial review of detention or amount of bail; scheduling of case in which material witness will testify. 1. If it appears by affidavit that the testimony of a person is material in any criminal proceeding and if it is shown that it may b…

NRS 178.498 Amount. In deciding the amount of bail to impose on a person, the court shall consider: 1. The nature and circumstances of the offense charged; 2. The financial ability of the defendant to give bail; 3. The character of the defendant; and 4. The factors listed in NRS …

NRS 178.499 Increase in amount. 1. At any time after a district or Justice Court has ordered bail to be set at a specific amount, and before acquittal or conviction, the court may upon its own motion or upon motion of the district attorney and after notice to the defendant’s atto…

NRS 178.502 Form of bail; extension of bond or undertaking to proceedings in other courts; exoneration; place of deposit. 1. A person required or permitted to give bail shall execute a bond for the person’s appearance. The magistrate or court or judge or justice, having regard to…

NRS 178.504 Justification of sureties. 1. Every surety, except a corporate surety which is approved as provided by law, shall justify by affidavit and may be required to describe in the affidavit: (a) The property by which the surety proposes to justify and the encumbrances there…

NRS 178.506 Declaration of forfeiture. If there is a breach of condition of a bond, the court shall declare a forfeiture of the bail, subject to the provisions of NRS 178.508 and 178.509. (Added to NRS by 1967, 1453; A 1971, 598)

NRS 178.508 Duties of court when defendant fails to appear; procedure for issuing order of forfeiture; when forfeiture becomes effective; grounds for extending date of forfeiture. 1. If the defendant fails to appear when the defendant’s presence in court is lawfully required for …

NRS 178.509 Exoneration of surety before date of forfeiture: Conditions; grounds. 1. If the defendant fails to appear when the defendant’s presence in court is lawfully required, the court shall not exonerate the surety before the date of forfeiture prescribed in NRS 178.508 unle…

NRS 178.512 Setting aside forfeiture: Conditions; grounds; when written finding is required. 1. The court shall not set aside a forfeiture unless: (a) The surety submits an application to set it aside on the ground that the defendant: (1) Has appeared before the court since the d…

NRS 178.514 Enforcement of forfeiture. 1. When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon. 2. If an order setting aside a forfeiture has not been entered within 180 days after the issuance of the orde…

NRS 178.516 Remission of forfeited money. After entry of such judgment, the court shall not remit it in whole or in part unless the conditions applying to the setting aside of forfeiture in NRS 178.512 are met. (Added to NRS by 1967, 1453; A 1979, 1402)

NRS 178.518 Payment of forfeited deposits to county treasurer or State Controller. Money collected pursuant to NRS 178.506 to 178.516, inclusive, which was collected: 1. From a person who was charged with a misdemeanor must be paid over to the county treasurer. 2. From a person w…

NRS 178.522 Exoneration of bail. 1. When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. The court shall exonerate the obligors and release any bail at the time of …

NRS 178.524 Deposit required in certain cases. If the defendant surrenders himself or herself to, is apprehended by or is in the custody of a peace officer in the State of Nevada or the Director of the Department of Corrections other than the officer to whose custody the defendan…

NRS 178.526 Arrest of defendant. 1. For the purpose of surrendering a defendant, a surety or the appointed bail agent of a surety, at any time before the surety is finally discharged, and at any place within this State, may, by: (a) Written authorization for the arrest of the def…

NRS 178.528 Disposition of money deposited as bail. 1. When money has been deposited as bail by a person other than a surety, if it remains on deposit at the time of sentencing, the court, or the clerk under the direction of the court, upon the provision of notice to and the agre…

NRS 178.532 Recommitment of defendant after having given bail or deposited money. The court to which the committing magistrate shall return the depositions and statement, or in which an indictment or information or an appeal is pending, or to which a judgment on appeal is remitte…

NRS 178.534 Contents of order for recommitment. The order for the recommitment of the defendant shall: 1. Recite generally the facts upon which it is founded. 2. Direct that the defendant be arrested by any sheriff, constable, marshal, police officer or other peace officer within…

NRS 178.536 Arrest on order of recommitment. The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest, except that when arrested in another county the order need not be endorsed by a magistra…

NRS 178.538 Commitment of defendant on order when defendant fails to appear for judgment; if order issued for other cause, defendant may be admitted to bail. 1. If the order recites, as the grounds upon which it is made, the failure of the defendant to appear for judgment upon co…

NRS 178.542 Records: District court. Each county clerk shall maintain a record containing the following information for each bail bond accepted by a district court within the county: 1. The name of the defendant; 2. The name of the surety; 3. The amount of the bond; 4. The name o…

NRS 178.544 Records: Justice Court. 1. Whenever a person is admitted to bail in a Justice Court and the bail is put in by a written undertaking, the clerk of the Justice Court shall record: (a) The name of the defendant; (b) The names of the sureties; (c) The amount of the bond; …

NRS 178.546 Records: Court of Appeals and Supreme Court. 1. Whenever a person is admitted to bail by the Court of Appeals, the Supreme Court, a judge of the Court of Appeals or a justice of the Supreme Court, the Clerk of the Supreme Court shall record: (a) The name of the defend…

NRS 178.548 Notification of district attorney when bail bond is forfeited. The county clerk, the clerk of the justice court, or the Clerk of the Supreme Court shall notify the district attorney of the appropriate county, in writing, promptly upon the receipt of information indica…

NRS 178.552 Form; contents. An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth …

NRS 178.554 Dismissal by district attorney or Attorney General by leave of court. The district attorney, or the Attorney General in those cases which have been initiated by the Attorney General, may by leave of court file a dismissal of an indictment, information or complaint and…

NRS 178.556 Dismissal by court for unnecessary delay. 1. If no indictment is found or information filed against a person within 15 days after the person has been held to answer for a public offense which must be prosecuted by indictment or information, the court may dismiss the c…

NRS 178.562 Dismissal or discharge as bar to another prosecution. 1. Except as otherwise provided in NRS 174.085, an order for the dismissal of the action, as provided in NRS 178.554 and 178.556, is a bar to another prosecution for the same offense. 2. The discharge of a person a…

NRS 178.563 Notice to defendant of provisions concerning sealing of records of proceedings leading to dismissal. Upon the entry of an order dismissing a criminal action or proceeding, the court shall provide the defendant with a written notice of the provisions of NRS 179.255 whi…

NRS 178.564 Certain offenses for which party injured has civil action may be compromised. If a defendant is held to answer on a charge of a misdemeanor for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised …

NRS 178.566 Compromise to be by permission of court; order to bar another prosecution. 1. If the party injured appears before the court to which the depositions are required to be returned, at any time before trial, and acknowledges in writing that the party has received satisfac…

NRS 178.568 No public offense to be compromised except as provided in this title. No public offense shall be compromised, nor shall any proceeding for the prosecution or punishment thereof, upon a compromise, be stayed, except as provided in this title. (Added to NRS by 1967, 145…

NRS 178.569 Definitions. As used in NRS 178.569 to 178.5698, inclusive, unless the context otherwise requires: 1. “Relative” has the meaning ascribed to it in NRS 217.060. 2. “Victim of a crime” or “victim” includes a relative of a person: (a) Against whom a crime has been commit…

NRS 178.5691 Confidentiality of personal information. All personal information, including, but not limited to, a current or former address, which pertains to a victim, relative, witness or other person and which is received pursuant to the provisions of NRS 178.569 to 178.5698, i…

NRS 178.5692 Investigation by sheriff of threats of harm; protection. If a victim of a crime or a witness is cooperating with the prosecuting attorney in a criminal case and reasonably apprehends that he or she may suffer threats of harm or harm arising out of that cooperation, t…

NRS 178.5694 Harassment of victim or witness by employer; notification by prosecuting attorney of continuance of proceeding. 1. If it is difficult for such a victim or witness to assist in an investigation or cooperate with the prosecuting attorney because the victim or witness i…

NRS 178.5696 Separate waiting area; disposition of personal property; fees for testifying. 1. A court trying a criminal case shall provide victims and witnesses a secure waiting area which is not used by the members of the jury or the defendant and the defendant’s family and frie…

NRS 178.5698 Information concerning release of defendant and disposition of case provided upon request; court to inform and provide documentation to certain persons of their right to be informed of release of offender from prison in certain cases; when and whom warden must inform…

NRS 178.571 Applicability to certain cases; persons permitted to be attendant; permissible conduct by attendant; exclusion for good cause. 1. Except as otherwise provided in subsection 2, in a case involving any act of domestic violence pursuant to NRS 33.018, a violation of NRS …

NRS 178.5713 Definitions. As used in NRS 178.5713 to 178.5718, inclusive, unless the context otherwise requires, the words and terms defined in NRS 178.5714, 178.5715 and 178.5716 have the meanings ascribed to them in those sections. (Added to NRS by 2023, 409)

NRS 178.5714 “Benefit” defined. “Benefit” means: 1. A plea bargain; 2. Any consideration of bail or conditions of release; 3. A reduction or modification of a term of sentence; or 4. Any other leniency, immunity, financial payment, reward or amelioration of the current or future …

NRS 178.5715 “Cooperation agreement” defined. “Cooperation agreement” means a written agreement: 1. Between a person who is or was in jail or prison and the office of a prosecuting attorney wherein the person agrees to be an informant; and 2. Which includes, without limitation, a…