Incompetent person cannot be tried or adjudged to punishment for public offense.

  1. Law
  2. Nevada Revised Statutes
  3. General Provisions
  4. Incompetent person cannot be tried or adjudged to punishment for public offense.

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1. A person may not be tried or adjudged to punishment for a public offense while incompetent.

2. For the purposes of this section, "incompetent" means that the person does not have the present ability to:

(a) Understand the nature of the criminal charges against the person;

(b) Understand the nature and purpose of the court proceedings; or

(c) Aid and assist the person’s counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding.

[1911 Cr. Prac. § 535; RL § 7385; NCL § 11183] — (NRS A 1981, 1656; 1995, 2458; 2007, 185)


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