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 become impracticable to secure the person’s presence by subpoena, the magistrate may require bail for the person’s appearance as a witness, in an amount fixed by the magistrate. If the person fails to give bail the magistrate may:

(a)

Commit the person to the custody of a peace officer pending final disposition of the proceeding in which the testimony is needed;

(b)

Order the person’s release if the person has been detained for an unreasonable length of time; and

(c)

Modify at any time the requirement as to bail.

2.

Except as otherwise provided in subsection 3, every person detained as a material witness must be brought before a judge or magistrate as soon as practicable, but not later than 72 hours after the beginning of the detention. The judge or magistrate shall consider the least restrictive means to secure the person’s presence and make a determination whether:

(a)

The amount of bail required to be given by the material witness should be modified; and

(b)

The detention of the material witness should continue. If the court determines that detention of the material witness should continue, the court must make written findings stating why detention should continue.

3.

A person detained as a material witness pursuant to this section who is a victim of domestic violence or sexual assault:

(a)

Must be brought before a judge or magistrate, as soon as practicable, but not later than 24 hours after the beginning of the detention;

(b)

May be detained or continue detention pursuant to a determination by telephone; and

(c)

Must have an attorney appointed by the judge or magistrate, who, to the extent practicable, shall participate in any determination regarding detention pursuant to this section.

4.

The judge or magistrate shall:

(a)

Set a schedule for the periodic review of whether the amount of bail required should be modified and whether detention should continue; and

(b)

Schedule the case in which the material witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.

5.

As used in this section:

(a)

“Domestic violence” means the commission of any act described in NRS 33.018.

(b)

“Sexual assault” has the meaning ascribed to it in NRS 49.2543.

Source: Section 178.494 — Bail for material witnesses; judicial review of detention or amount of bail; scheduling of case in which material witness will testify., https://www.­leg.­state.­nv.­us/NRS/NRS-178.­html#NRS178Sec494.

178.483
“Electronic transmission,” “electronically transmit” and “electronically transmitted” defined. 178.484
Right to bail before conviction 178.486
When bail is matter of discretion, notice of application must be given to district attorney. 178.487
Bail after arrest for felony offense committed while on bail. 178.488
Right to bail upon review 178.494
Bail for material witnesses 178.498
Amount. 178.499
Increase in amount. 178.502
Form of bail 178.504
Justification of sureties. 178.506
Declaration of forfeiture. 178.508
Duties of court when defendant fails to appear 178.509
Exoneration of surety before date of forfeiture: Conditions 178.512
Setting aside forfeiture: Conditions 178.514
Enforcement of forfeiture. 178.516
Remission of forfeited money. 178.518
Payment of forfeited deposits to county treasurer or State Controller. 178.522
Exoneration of bail. 178.524
Deposit required in certain cases. 178.526
Arrest of defendant. 178.528
Disposition of money deposited as bail. 178.532
Recommitment of defendant after having given bail or deposited money. 178.534
Contents of order for recommitment. 178.536
Arrest on order of recommitment. 178.538
Commitment of defendant on order when defendant fails to appear for judgment 178.542
Records: District court. 178.544
Records: Justice Court. 178.546
Records: Court of Appeals and Supreme Court. 178.548
Notification of district attorney when bail bond is forfeited. 178.4851
Release without bail 178.4853
Factors considered before release without bail. 178.4855
Limitations on release without bail of certain defendants who are taken into custody while admitted to bail on other charges 178.4871
Postconviction petitioner for habeas corpus: Limitations on release. 178.4873
Postconviction petitioner for habeas corpus: Release pending appeal. 178.4875
Proceeding for forfeiture of bail pending review or appeal
Last Updated

Jun. 24, 2021

§ 178.494’s source at nv​.us