“Speedy trial” motion in Nevada – What is it and can it get my case dismissed?

Q: Do I have a right to a speedy trial in Nevada?

You have a right to a speedy trial under the United States Constitution's Sixth Amendment, although it does not define how long speedy is. Meanwhile, Nevada's state constitution does not mention speedy trial rights at all. However, the Nevada Revised Statutes say that courts may dismiss your criminal case if no trial occurs within 60 days of your arraignment (and you did not agree to postpone the trial). However, the court is not required to dismiss your case simply because 60 days have passed.

Q: How do Nevada judges decide whether to grant my speedy trial motion?

Nevada judges weigh four factors when deciding whether your right to a speedy trial has been violated: 1) the length of delay, 2) the reason for the delay, 3) your assertion of your right to a speedy trial, and 4) how the delay prejudiced your case.

Posted on May 31, 2023

Judge's gavel on a calendar, signifying a speedy trial — If you are charged with a crime in Nevada, you can demand a trial within 60 days.

In Nevada, speedy trial motions are where you ask the court to dismiss your criminal charges because you have not been given a trial within 60 days of your arraignment.¹

Even if you agree to waive the 60-day rule, you can still bring a speedy trial motion later on if the court continues to unreasonably delay your trial. In Nevada, a trial delay typically becomes preemptively prejudicial (hurtful to your defense) around one year after your arraignment.²

If the court grants your speedy trial motion, the criminal charges against you will be dropped.

1. Do I have a right to a speedy trial in Nevada?

You have a right to a speedy trial under the United States Constitution’s Sixth Amendment, although it does not define how long “speedy” is.³ Meanwhile, Nevada’s state constitution does not mention speedy trial rights at all.⁴

However, the Nevada Revised Statutes say that courts may dismiss your criminal case if no trial occurs within 60 days of your arraignment (and you did not agree to postpone the trial). However, the court is not required to dismiss your case simply because 60 days have passed.⁵

Example: Patty pleads not guilty to burglary and demands a speedy trial. However, the soonest the court can possibly squeeze in a trial is 61 days after her arraignment.

If Patty files a speedy trial motion on day 60, the court probably would not grant it since it scheduled the trial as soon as it could, and the added day did not likely prejudice her case.

Prosecutors’ speedy trial rights

Interestingly, Nevada law gives prosecutors the right to a speedy trial as well. Prosecutors can demand that you stand trial within 60 days of your arraignment unless:

the court finds that you need more time to prepare your defense; and
the court calendar is too busy to accommodate your case.⁶

2. How do Nevada judges decide whether to grant my speedy trial motion?

Nevada judges weigh four factors when deciding whether your right to a speedy trial has been violated:

the length of delay,
the reason for the delay,
your assertion of your right to a speedy trial, and
how the delay prejudiced your case.⁷

Therefore, these decisions are very case-specific and turn on your unique situation.

3. Should I exercise my right to a speedy trial in 60 days?

If and when you should take your Nevada criminal case to trial depends entirely on the specific facts of your case. It is a decision you and your criminal defense attorney should come to together after considering all the possibilities.

The advantages of having a speedy trial are that witnesses’ memories are still fresh and you will not have to languish in “pretrial uncertainty” longer than necessary.

Though in practice, criminal defense attorneys prefer to delay trials as long as possible. During this time, it may be possible to “wear down” the prosecutors and come to a favorable plea deal.

4. What safeguards are in place if my trial gets delayed?

When a Nevada trial gets postponed, the court may require that the party who asked for the continuance to depose the other side’s witnesses (if they have not already been deposed). This way if something happens to the witnesses before trial, their testimony will be available to use at trial.

In addition, the court can require witnesses to post money to the court as a promise that they will appear on the new trial date. Though if a witness cannot “procure sureties”, the court can discharge them on their own recognizance as long as they give a deposition.⁸

5. How long can courts delay trials?

It is not unusual for some criminal court trials to take place years after the initial arraignment. As long as both you and the prosecution agree to the delay, the judge will usually rubber-stamp any requests to postpone the trial.

However if a Nevada case involves a victim or witness younger than 16 years old, the court may choose to deny a continuance if it could adversely affect their emotional health and well-being.⁹

6. Do juvenile defendants have speedy trial rights?

Yes. Nevada juvenile courts must resolve delinquency cases within 60 days after the filing of the petition unless delaying would serve the interest of justice.

In any event, juvenile final dispositions must occur within one year from the filing of the petition.¹⁰

Hourglass and gavel, signifying a speedy trial

Nevada’s constitution does not guarantee a speedy trial right.

What Does the Right to a “Speedy Trial” Mean in Reno, Nevada?

Legal References

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 complaint. If a defendant whose trial has not been postponed upon the defendant’s application is not brought to trial within 60 days after the arraignment on the indictment or information, the district court may dismiss the indictment or information.
2. If a defendant whose trial has not been postponed upon the defendant’s application is not brought to trial within 60 days after the arraignment on the complaint for an offense triable in a Justice or municipal Court, the court may dismiss the complaint.
State v. Inzunza (2019) 454 P.3d 727 (“First, to trigger the Barker-Doggettspeedy-trial analysis, the length of the delay must be presumptively prejudicial….A post-accusation delay meets this standard “as it approaches one year.”“)
United States Constitution, Sixth Amendment (“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”).
Nevada Constitution.
See notes 1 & 2.
NRS 174.511 - Right of State to trial within 60 days after arraignment; exceptions.
The State, upon demand, has the right to a trial of the defendant within 60 days after arraignment. The court may postpone the trial if:
1. It finds that more time is needed by the defendant to prepare a defense; or
2. The number of other cases pending in the court prohibits the acceptance of the case for trial within that time.
Sunseri v. State (2021) 495 P.3d 127 (“This court adopted the four-factor test, noting that no factor was determinative and that each must be considered together, along with all the relevant circumstances of the case.”).
NRS 174.515 – Postponement: When and how ordered; court may require depositions of and undertakings by witnesses; court may consider adverse effect upon child who is victim or witness.
1. When an action is called for trial, or at any time previous thereto, the court may, upon sufficient cause shown by either party by affidavit, direct the trial to be postponed to another day. In all cases where a continuance is granted upon the application of either party the court may require, as a condition of granting such continuance, that the party applying therefor consent to taking, forthwith, or at any time to be fixed by the court, of the deposition of any witness summoned by the opposite party whose deposition has not previously been taken.
2. The court also may require all witnesses to enter into undertakings in such sum as the court may order, with or without sureties, to appear and testify on the day to which the case may be continued, but any witness who is unable to procure sureties for the witness’s attendance may be discharged on the witness’s own recognizance, upon giving a deposition in the manner prescribed in NRS 174.175 and 174.205.
3. If the trial involves acts committed against a child less than 16 years of age or involving acts witnessed by a child less than 16 years of age, the court may consider any adverse effect a continuance or other postponement might have upon the mental or emotional health or well-being of the child. The court may deny a continuance or other postponement if the delay will adversely affect the mental or emotional health or well-being of the child.
Same. NRS 174.519 – Request for preference in setting date for trial where child is victim or witness; court may consider effect on child of delay in commencement of trial.
If the trial involves acts committed against a child less than 16 years of age or involving acts witnessed by a child less than 16 years of age, the prosecuting attorney shall request the court, in its discretion, to give preference in setting a date for the trial of the defendant. In making a ruling, the court may consider the effect a delay in the commencement of the trial might have on the mental or emotional health or well-being of the child.
NRS 62D.310 – Period for final disposition of cases. 1. Except as otherwise provided in this section, the juvenile court shall make its final disposition of a case not later than 60 days after the date on which the petition in the case was filed.
2. The juvenile court may extend the time for final disposition of a case if the juvenile court files an order setting forth specific reasons for the extension:
(a) Not later than 60 days after the date on which the petition in the case was filed; or
(b) Later than 60 days after the date on which the petition in the case was filed, if the juvenile court finds that the extension would serve the interests of justice. In determining whether an extension would serve the interests of justice, the juvenile court shall consider:
(1) The gravity of the act alleged in the case;
(2) The reasons for any delay in the disposition of the case; and
(3) The potential consequences to the child, any victim and the public of not extending the time for final disposition of the case.
3. The juvenile court shall not extend the time for final disposition of a case beyond 1 year from the date on which the petition in the case was filed.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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