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. Right to Speedy Trial
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 also gives prosecutors the right to a speedy trial. 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 Judges Decide
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. Exercising Your Speedy Trial Rights
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.
If you are charged with a crime in Nevada, you can demand a trial within 60 days.
4. If Your Trial Is 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 to 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. Length of Trial Delays
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. Juvenile Speedy Trial Rights
Nevada juvenile courts must resolve delinquency cases within 60 days of the filing of the petition, unless delaying would serve the interests of justice.
In any event, juvenile final dispositions must occur within one year of the filing of the petition.10
Nevada’s constitution does not guarantee a speedy trial right.
Frequently Asked Questions
How long does a prosecutor have to bring a case to trial in Nevada?
If a defendant does not request or agree to a delay, the state generally has 60 days from the date of the arraignment to bring the case to trial. If the trial does not happen within this 60-day window, the court has the authority to dismiss the charges under NRS 178.556.
Will my case automatically be dismissed if it goes past 60 days?
No, dismissal is not automatic. Under Nevada law, the judge has the discretion to dismiss the case, but they are not required to do so. A judge will evaluate four main factors: the length of the delay, the reason for the delay, whether you actively demanded a speedy trial, and whether the delay actually prejudiced (hurt) your defense.
What is the difference between a speedy trial and the statute of limitations?
These are two different legal deadlines. The statute of limitations dictates how much time the prosecutor has to formally file charges against you after a crime is allegedly committed. The right to a speedy trial dictates how quickly your actual trial must take place once you have already been charged and arraigned.
Why would a defense attorney suggest waiving the right to a speedy trial?
While waiting for a trial is stressful, rushing into one isn’t always the best legal strategy. Defense attorneys frequently recommend waiving the 60-day rule to secure more time to review the prosecution’s evidence, interview witnesses, negotiate favorable plea deals, or build a stronger overall defense.
Does the 60-day speedy trial rule apply to misdemeanors in Nevada?
Yes. The 60-day speedy trial rule applies not only to felony and gross misdemeanor charges in District Court but also to standard misdemeanor offenses triable in Nevada’s Justice or Municipal Courts.
Can prosecutors demand a speedy trial in Nevada?
Yes. Unlike in some other states, Nevada law (NRS 174.511) grants prosecutors the right to demand that a trial take place within 60 days of the arraignment. A judge will only delay the trial if the defense needs more time to prepare or if the court’s calendar is too full to accommodate the trial.
Additional Resources
For more information, refer to the following:
- Nevada Rules of Criminal Practice – Rules that apply to criminal cases in Nevada.
- Nevada Revised Statutes – The principal body of laws defining and governing federal criminal offenses for Nevada.
- Nevada Criminal Law – Overview of the criminal justice system by the Nevada State Bar.
- What Does the Right to a “Speedy Trial” Mean in Reno, Nevada? – Article by our Reno criminal defense attorneys.
Legal References
- NRS 178.556.
- State v. Inzunza (2019) 454 P.3d 727 (“First, to trigger the Barker-Doggetts peedy-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.
- 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.”). Vaughn v. State (Nev. 2025) 563 P.3d 295 (the Nevada Supreme Court ruled that a judge will not dismiss a case if the delays were minimal and caused by the defendant’s own actions, especially if the defendant cannot prove the delay actually harmed their defense).
- NRS 174.515.
- Same. NRS 174.519.
- NRS 62D.310.
