NRS 173.115
Joinder of offenses: Misdemeanor joined in error must be stricken.


1.

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 gross misdemeanors or both, are:

(a)

Based on the same act or transaction; or

(b)

Based on two or more acts or transactions connected together or constituting parts of a common scheme or plan.

2.

Except as otherwise provided in subsection 3, a misdemeanor which was committed within the boundaries of a city and which would otherwise be within the jurisdiction of the municipal court must be charged in the same criminal complaint as a felony or gross misdemeanor or both if the misdemeanor is based on the same act or transaction as the felony or gross misdemeanor. A charge of a misdemeanor which meets the requirements of this subsection and which is erroneously included in a criminal complaint that is filed in the municipal court shall be deemed to be void ab initio and must be stricken.

3.

The provisions of subsection 2 do not apply:

(a)

To a misdemeanor based solely upon an alleged violation of a municipal ordinance.

(b)

If an indictment is brought or an information is filed in the district court for a felony or gross misdemeanor or both after the convening of a grand jury.

Source: Section 173.115 — Joinder of offenses: Misdemeanor joined in error must be stricken., https://www.­leg.­state.­nv.­us/NRS/NRS-173.­html#NRS173Sec115.

Last Updated

Feb. 5, 2021

§ 173.115’s source at nv​.us