NV Bar Nevada Criminal Law and Procedure 2 — Questions and Answers
Question 1: In Nevada, when must a preliminary hearing be held for a felony defendant in custody?
- Within 48 hours
- Within 5 judicial days (Correct answer)
- Within 15 judicial days
- Within 30 days
Correct answer: Within 5 judicial days
Under NRS 171.196, a defendant in custody charged with a felony must have a preliminary hearing within 15 judicial days of arraignment on the complaint.
Question 2: Nevada uses which grand jury standard for returning an indictment?
- Beyond a reasonable doubt
- Preponderance of evidence
- Probable cause (Correct answer)
- Clear and convincing evidence
Correct answer: Probable cause
A Nevada grand jury returns an indictment when it finds probable cause to believe the defendant committed the charged offense.
Question 3: Under Nevada law, which plea allows a defendant to avoid admitting guilt while accepting punishment?
- Guilty plea
- No contest plea
- Alford plea (Correct answer)
- Conditional plea
Correct answer: Alford plea
An Alford plea, recognized in Nevada, allows a defendant to accept punishment without admitting factual guilt while acknowledging the prosecution could prove the charges.
Question 4: In Nevada, which defense completely excuses criminal liability based on the defendant's mental state at the time of the crime?
- Diminished capacity
- Guilty but mentally ill
- Insanity defense (M'Naghten test) (Correct answer)
- Intoxication defense
Correct answer: Insanity defense (M'Naghten test)
Nevada uses the M'Naghten test for the insanity defense under NRS 174.035, requiring that the defendant did not know the nature of the act or did not know it was wrong.
Question 5: Under Nevada's habitual criminal statute, what prior felony conviction history can result in life imprisonment?
- One prior felony conviction
- Two prior felony convictions
- Three prior felony convictions (Correct answer)
- Four prior felony convictions
Correct answer: Three prior felony convictions
Under NRS 207.010, a defendant with three prior felony convictions may be sentenced as a large habitual criminal, potentially receiving a life sentence.
Question 6: In Nevada, what is the criminal statute of limitations for murder?
- 7 years
- 10 years
- 20 years
- No statute of limitations (Correct answer)
Correct answer: No statute of limitations
Under NRS 171.080, murder and certain other serious crimes have no statute of limitations in Nevada and may be prosecuted at any time.
NV Bar Nevada Criminal Law and Procedure 2
In Nevada, when must a preliminary hearing be held for a felony defendant in custody?