Obstruction of Justice in Nevada
How obstruction of justice is charged in Nevada, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.
Short answer: Willfully hindering, delaying or obstructing a public officer in official duties, or refusing to give or falsifying information lawfully required by an officer, is a misdemeanor where no other law applies (NRS 197.190). NRS 197.190, 199.240, 199.305; NRS 193.130
| Obstruction of justice | Willfully hindering, delaying or obstructing a public officer in official duties, or refusing to give or falsifying information lawfully required by an officer, is a misdemeanor where no other law applies (NRS 197.190). Bribing or using force, threats, intimidation or deception to influence a witness's testimony, cause false testimony, or keep evidence out of an official proceeding is a category C felony (1 to 5 years) and may carry a fine up to $50,000 (NRS 199.240). Using intimidation or threats to stop a victim or witness from reporting a crime, starting a prosecution or causing an arrest is a category D felony (1 to 4 years) (NRS 199.305). Obstructing public officer: https://www.leg.state.nv.us/NRS/NRS-197.html . Category penalties (NRS 193.130, 193.140, 193.150): category B felony 1 to 20 years unless the statute sets other terms; category C felony 1 to 5 years and a fine up to $10,000; category D felony 1 to 4 years and a fine up to $5,000; gross misdemeanor up to 364 days in county jail and/or a $2,000 fine; misdemeanor up to 6 months and/or a $1,000 fine. https://www.leg.state.nv.us/NRS/NRS-193.html |
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FAQ
Is obstruction of justice a felony in Nevada?
Willfully hindering, delaying or obstructing a public officer in official duties, or refusing to give or falsifying information lawfully required by an officer, is a misdemeanor where no other law applies (NRS 197.190). Bribing or using force, threats, intimidation or deception to influence a witness's testimony, cause false testimony, or keep evidence out of an official proceeding is a category C felony (1 to 5 years) and may carry a fine up to $50,000 (NRS 199.240). Using intimidation or threats to stop a victim or witness from reporting a crime, starting a prosecution or causing an arrest is a category D felony (1 to 4 years) (NRS 199.305).
Can I get a court-appointed lawyer for obstruction of justice in Nevada?
Nevada's rule on court-appointed lawyers: A defendant charged with a public offense who is unable to employ counsel makes an oral request to the district judge, justice of the peace, municipal judge or master; the request 'must be accompanied by the defendant's affidavit' stating that the defendant lacks means to employ an attorney and setting out specific facts about the financial disability. The judge or master must forthwith consider the application, may make further inquiry, and if satisfied that the defendant lacks means and that representation is required, appoints counsel. The section sets no numeric income cutoff and no fee to the defendant. NRS 171.188
How much does a lawyer for obstruction of justice cost in Nevada?
Lawyers set their own fees, and Nevada has rules on how they may charge. See hiring a criminal defense lawyer in Nevada for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for obstruction of justice in Nevada?
How release before trial works in Nevada: 'A person arrested for an offense other than murder of the first degree must be admitted to bail' (NRS 178.484(1)); a person arrested for first-degree murder may be admitted to bail unless the proof is evident or the presumption great (NRS 178.484(4)). The court must hold a pretrial release determination 'within 48 hours after a person has been taken into custody' (NRS 178.4849). Bail or release conditions may be imposed only as 'the least restrictive means necessary to protect the safety of the community', with findings explaining why (NRS 178.4851). In setting bail, the court must consider 'The financial ability of the defendant to give bail,' the nature of the offense, the defendant's character, and the NRS 178.4853 factors (NRS 178.498), which include length of residence in the community, employment history, prior criminal record, and danger to the victim or community. Certain arrests (for example, some domestic battery offenses) may not be admitted to bail sooner than 12 hours after arrest. NRS 178.484, 178.4849, 178.4851, 178.4853, 178.498 What happens after an arrest.
Can a conviction for obstruction of justice be removed from my record in Nevada?
Each state sets its own rules for sealing or expunging records. See Nevada expungement and record sealing rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.