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NRS Chapter 175 is the trial chapter of Nevada’s criminal procedure statutes. It governs when a case is tried by a jury, what happens while the trial is underway, how a jury reaches and returns a verdict, and what the court must do after an acquittal.
The chapter closes with two kinds of separate hearings for specific cases. The seven groups below follow the order of the chapter.
NRS 175.011–175.101. NRS 175.011 provides for a written waiver of a jury trial with the approval of the judge and the consent of the prosecutor. A defendant who has entered a plea of not guilty to a capital offense must be tried by a jury. This section also sets forth the provisions for a written jury demand in justice court and provides for a 30-day deadline where a demand is required.
See Trial by Jury or Court for number of jurors, examination of jurors, challenges, alternate jurors, and substitution of judge or juror.
NRS 175.111–175.387. This group covers the jurors’ oath, the order of a jury trial, instructions to the jury, and rules for particular kinds of evidence. It also contains Nevada’s statutory definition of reasonable doubt. NRS 175.381 is part of this group because it addresses what the judge can do when the evidence is insufficient, including setting aside a guilty verdict and entering a judgment of acquittal.
The Conduct of Trial page covers these rules.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
NRS 175.391–175.471. NRS 175.391–175.471 govern the times when a jury may separate, the warnings a judge may give during a recess, and the materials a juror may take into the jury room for deliberations. NRS 175.451 governs the situation where a juror disagrees with testimony or needs assistance on a point of law. In either situation, the juror must be returned to court for the necessary response.
See Conduct of Jury for other rules regarding deliberations and discharge of a jury.
NRS 175.481–175.533. A Nevada criminal jury must return a unanimous verdict in open court under NRS 175.481. The Verdict page also covers polling the jurors, verdicts involving multiple defendants or charges, lesser included offenses, and the findings needed for a verdict of guilty but mentally ill.
NRS 175.539–175.543. A defendant acquitted by verdict must be discharged if there is no other legal basis for detention. When a judgment of acquittal is entered, NRS 175.543 requires the court to give written notice of the record-sealing provisions in NRS 179.255. The Acquittal section also covers the separate examination and hearing required after an acquittal by reason of insanity.
NRS 175.547. A guilty or guilty-but-mentally-ill plea or finding for an offense listed in the statute can lead to a hearing on sexual motivation at the prosecutor’s request. Under NRS 175.547, the prosecutor must first file and serve written notice before trial and must prove sexual motivation beyond a reasonable doubt. The hearing takes place before sentencing or, where applicable, before a separate penalty hearing.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
NRS 175.552–175.556. NRS 175.552 generally requires a separate penalty hearing after a defendant is found guilty or guilty but mentally ill of first-degree murder. The statute allows the parties to waive the hearing by stipulation in specified circumstances. See Penalty Hearing for First-Degree Murder for the evidence the court may hear, findings in death penalty cases, and what happens if jurors cannot agree on the sentence.
Chapter 175 is part of Nevada’s Title 14, Procedure in Criminal Cases. For a practical overview of case preparation and decisions defendants face before trial, see our guide to criminal trial defense in Las Vegas.
Procedure in Criminal Cases