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.
- 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.
Any one of the three is enough. The question is the person's present ability, not their condition when the offense was charged.
Sources for this section (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.