Nev. Rev. Stat. § 173.035

Information may be filed following preliminary examination when accused is bound over or when preliminary examination is waived; when information is filed on affidavit; limitation of time; amended information may include additional charges if plea agreement is rejected or withdrawn

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NRS 173.035 Information may be filed following preliminary examination when accused is bound over or when preliminary examination is waived; when information is filed on affidavit; limitation of time; amended information may include additional charges if plea agreement is rejected or withdrawn.

1. An information may be filed against any person for any offense when the person:

(a) Has had a preliminary examination as provided by law before a justice of the peace, or other examining officer or magistrate, and has been bound over to appear at the court having jurisdiction; or

(b) Has waived the right to a preliminary examination.

2. If, however, upon the preliminary examination the accused has been discharged, or the affidavit or complaint upon which the examination has been held has not been delivered to the clerk of the proper court, the Attorney General when acting pursuant to a specific statute or the district attorney may, upon affidavit of any person who has knowledge of the commission of an offense, and who is a competent witness to testify in the case, setting forth the offense and the name of the person or persons charged with the commission thereof, upon being furnished with the names of the witnesses for the prosecution, by leave of the court first had, file an information, and process must forthwith be issued thereon. The affidavit need not be filed in cases where the defendant has waived a preliminary examination, or upon a preliminary examination has been bound over to appear at the court having jurisdiction.

3. The information must be filed within 15 days after the holding or waiver of the preliminary examination. Each information must set forth the crime committed according to the facts.

4. If, with the consent of the prosecuting attorney, a defendant waives the right to a preliminary examination in accordance with an agreement by the defendant to plead guilty, guilty but mentally ill or nolo contendere to a lesser charge or to at least one, but not all, of the initial charges, the information filed against the defendant pursuant to this section may contain only the offense or offenses to which the defendant has agreed to enter a plea of guilty, guilty but mentally ill or nolo contendere. If, for any reason, the agreement is rejected by the district court or withdrawn by the defendant, the prosecuting attorney may file an amended information charging all of the offenses which were in the criminal complaint upon which the preliminary examination was waived. The defendant must then be arraigned in accordance with the amended information.

(Added to NRS by 1967, 1412; A 1975, 654; 1979, 1093; 1989, 163; 1993, 82; 1995, 2448; 2003, 1456; 2007, 1404)

Notes of Decisions

Cited in 41 cases (4 in the last 5 years), 1970–2026 · leading case: Cipriano v. State

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Cipriano v. State (1995) nev · cites it 24× “The State urged the district court to accept the information by affidavit in accordance with NRS 173.035(2). [1] The district court granted the State's motion, allowed the information, and Cipriano was ultimately tried for both attempted sexual assault and open or gross lewdness.”

State of Iowa v. Deantay Darelle Williams (2017) iowa · cites it 2× “1, 2016); Nev. Rev. Stat. Ann. § 173.035 (3) (West, Westlaw current through the 79th Reg.”

Ryan v. EIGHTH JUDICIAL DIST. CT., IN & FOR CTY. OF CLARK (1972) nev · cites it 14× “[5] NRS 173.035, subsection 2, provides that, upon appropriate affidavit of a competent witness, an information may be filed by the district attorney, with leave of the court, following a preliminary examination where the defendant has been discharged.”

State v. Sixth Judicial District Court of the State of Nevada Ex Rel. County of Humboldt (1998) nev · cites it 6× “NRS 173.035(2) provides, in pertinent part, that if an accused has been discharged after the preliminary hearing, the district attorney may, by leave of the district court, file an information “upon affidavit of any person who has knowledge of the commission of an offense, and…”

Parsons v. State (2000) nev · cites it 4× “On appeal, a panel of this court reversed the conviction, concluding that the district court erred by permitting the State to file an information by affidavit pursuant to NRS 173.035(2). See Parsons v. State, 115 Nev.”

Warren v. Eighth Judicial Dist. Court of Nev. (2018) nev · cites it 4× “The State then filed a motion for leave to file an information by affidavit, which was denied because the State had not met the requirements of NRS 173.035. At the same time, the State filed an appeal to the district court from the dismissal of the criminal complaint.”

Murphy v. State (1994) nev · cites it 4× “NRS 173.035(2), in pertinent part reads: If, however, upon the preliminary examination the accused has been discharged .”

Cranford v. Smart (1976) nev · cites it 3× “Thereafter, the prosecuting attorney, pursuant to NRS 173.035 (2), obtained leave in the district court to file an information upon affidavit, charging Cranford with the same offense.”

BOLDEN (JASON) VS. STATE (2021) nev · cites it 34× “: NRS 173.035(2) operates as a safeguard against the erroneous dismissal of criminal charges by a justice of the peace following a preliminary hearing.”

Feole v. State (1997) nev · cites it 4× “Alternatively, the State can proceed pursuant to NRS 173.035, which states in pertinent part: 2.”

Hicks v. Sheriff, Clark County (1970) nev · cites it 4× “Counsel for both the state and the appellant urge this court to determine, this appeal on the question of the state’s compliance or noncompliance with the provisions of NRS 173.035 (2), as well as the question of its constitutionality.”

Show all 41 citing cases →

— Nev. Rev. Stat. § 173.035(2) — 27 cases

Cipriano v. State (1995) nev “The State urged the district court to accept the information by affidavit in accordance with NRS 173.035(2). [1] The district court granted the State's motion, allowed the information, and Cipriano was ultimately tried for both attempted sexual assault and open or gross lewdness.”

State v. Sixth Judicial District Court of the State of Nevada Ex Rel. County of Humboldt (1998) nev “NRS 173.035(2) provides, in pertinent part, that if an accused has been discharged after the preliminary hearing, the district attorney may, by leave of the district court, file an information “upon affidavit of any person who has knowledge of the commission of an offense, and…”

Ryan v. EIGHTH JUDICIAL DIST. CT., IN & FOR CTY. OF CLARK (1972) nev “[5] NRS 173.035, subsection 2, provides that, upon appropriate affidavit of a competent witness, an information may be filed by the district attorney, with leave of the court, following a preliminary examination where the defendant has been discharged.”

Parsons v. State (2000) nev “On appeal, a panel of this court reversed the conviction, concluding that the district court erred by permitting the State to file an information by affidavit pursuant to NRS 173.035(2). See Parsons v. State, 115 Nev.”

Murphy v. State (1994) nev “NRS 173.035(2), in pertinent part reads: If, however, upon the preliminary examination the accused has been discharged .”

— Nev. Rev. Stat. § 173.035(3) — 10 cases

Berry v. Sheriff (1977) nev

Earlywine v. SHERIFF, ESMERALDA COUNTY (1978) nev

Thompson v. State (1970) nev

Harris v. State (1970) nev

Ibsen v. Warden (1970) nev

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