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Competent To Stand Trial

NRS 178.400 — no trial or punishment while a person is incompetent

A person may not be tried or punished for a public offense while incompetent.

  • NRS 178.400
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  • Incompetent means the person does not have the present ability to understand the nature of the criminal charges;
  • or to understand the nature and purpose of the court proceedings;
  • or to aid and assist counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding.
  • NRS 178.400

Any one of the three is enough. The question is the person's present ability, not their condition when the offense was charged.

  • NRS 178.400
Sources for this section (1)
  1. NRS 178.400 — Incompetent person cannot be tried or adjudged to punishment for public offense

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.

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