NRS 174.033 Discharge of defendant upon fulfillment of terms and conditions; termination of participation of defendant and order to appear for arraignment.
258 words·~1 min read·
/nv/chapter-174-arraignment-and-preparation-for-trial/174-033·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
NRS 174.033 Discharge of defendant upon fulfillment of terms and conditions; termination of participation of defendant and order to appear for arraignment.
1. If the justice court or municipal court determines that a defendant has successfully completed the terms and conditions of a preprosecution diversion program ordered pursuant to subsection 5 of NRS 174.032 , the court must discharge the defendant and dismiss the indictment, information, complaint or citation.
2. Discharge and dismissal pursuant to subsection 1 is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the indictment, information, complaint or citation. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the indictment, information, complaint or citation in response to an inquiry made of the defendant for any purpose.
3. If the justice court or municipal court determines that a defendant has not successfully completed the terms or conditions of a preprosecution diversion program ordered pursuant to subsection 5 of NRS 174.032 , the court must issue an order terminating the participation of the defendant in the preprosecution diversion program and order the defendant to appear for an arraignment to enter a plea based on the original indictment, information, complaint or citation pursuant to NRS 174.015 .