NRS
199.335 Failure to appear after admission to bail or release without
bail.
1. If a person:
(a) Is admitted to bail, whether provided by
deposit or surety, or released without bail;
(b) Is not recommitted to custody; and
(c) Fails to appear at the time and place
required by the order admitting him or her to bail or releasing him or her
without bail, or any modification thereof,
Ê the person
is guilty of failing to appear and shall be punished pursuant to the provisions
of this section, unless the person surrenders himself or herself not later than
30 days after the date on which the person was required to appear.
2. If a person who fails to appear in
violation of subsection 1 was admitted to bail or released without bail
incident to prosecution for:
(a) One or more felonies, the person is guilty of
a category D felony and shall be punished as provided in NRS 193.130.
(b) One or more gross misdemeanors but no
felonies, the person is guilty of:
(1) A gross misdemeanor; or
(2) If the person left this State with the
intent to avoid prosecution, a category D felony and shall be punished as
provided in NRS 193.130.
(c) One or more misdemeanors but no felonies or
gross misdemeanors, the person is guilty of:
(1) A misdemeanor; or
(2) If the person left this State with the
intent to avoid prosecution, a category D felony and shall be punished as
provided in NRS 193.130.
(Added to NRS by 1967,
1470; A 1979,
1423; 1995,
1178; 1999,
1848)
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1993–2024 · leading case:
Woolsey v. State, 906 P.2d 723 (Nev. 1995).
Woolsey v. State, 906 P.2d 723 (Nev. 1995).
· cites it 8× “On April 13, 1993, a criminal information was filed with the Seventh Judicial District Court, charging Woolsey with the felony violation of NRS 199.335, failure to appear after admission to bail.”
United States v. Raymond Lee Scott, 450 F.3d 863 (9th Cir. 2006).
“The second purpose, ensuring that pretrial releasees appear in court, fares somewhat better: While it has a law enforcement component — a defendant’s failure to appear in court when ordered to do so is a criminal offense, see Nev.Rev.Stat. § 199.335 — it also implicates the…”
Clark v. State, 851 P.2d 426 (Nev. 1993).
“On February 24, 1989, the district court, pursuant to a jury verdict, convicted appellant of one count of failure to appear, in violation of NRS 199.335. The crime is punishable by not less than one nor more than six years imprisonment.”
State v. Sargent, 128 P.3d 1052 (Nev. 2006).
“Nor do we find persuasive the State’s suggestion that the justice courts would cease to function and that “some tens of thousands of bench warrants outstanding” would need to be quashed if this court concludes that the justice courts cannot require the defendant’s physical…”
United States v. Raymond Lee Scott, 424 F.3d 888 (9th Cir. 2005).
“The second purpose, ensuring that pretrial releasees appear in court, fares somewhat better: While it has a law enforcement component — a defendant’s failure to appear in court when ordered to do so is a criminal offense, see Nev.Rev.Stat. § 199.335 — it also implicates the…”
Rimer (stanley) Vs. State, 2015 NV 36 (Nev. 2015).
· cites it 2× “2d 723, 726 (1995) ("[B]ased on the fact that NRS 199.335 is intended to punish those on bail who violate the conditions of their bail by failing to appear before the court when commanded, we conclude that failure to appear is a continuing offense .”
Massey v. Jackson (D. Nev. 2024).
“State prosecutors are absolutely 22 23 1 NRS 199.335 is Nevada’s law making it a crime for a defendant in a criminal case to fail to appear for a required court proceeding.”
Rimer (stanley) Vs. State, 2015 NV 36 (Nev. 2015).
“2d 723, 726 (1995) ("[B]ased on the fact that NRS 199.335 is intended to punish those on bail who violate the conditions of their bail by failing to appear before the court when commanded, we conclude that failure to appear is a continuing offense .”
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