Legal Question in Criminal Law in Nevada

Nevada law permits civil compromise in a number of cases, and sets forth certain exclusions, as follows:

COMPROMISING CERTAIN PUBLIC OFFENSES BY LEAVE OF COURT

NRS 178.564  Certain offenses for which party injured has civil action may be compromised.  If a defendant is held to answer on a charge of a misdemeanor for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in NRS 178.566 unless the offense:

1.  Was committed by or upon an officer of justice while in the execution of the duties of office;

2.  Was committed riotously;

3.  Was committed with the intent to commit a felony;

4.  Is a battery that constitutes domestic violence pursuant to NRS 33.018; or

5.  Violates a temporary or extended order for protection against domestic violence.

(Added to NRS by 1967, 1456; A 2005, 103)

NRS 178.566  Compromise to be by permission of court; order to bar another prosecution.

1.  If the party injured appears before the court to which the depositions are required to be returned, at any time before trial, and acknowledges in writing that the party has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes.

2.  The order shall be a bar to another prosecution for the same offense.

(Added to NRS by 1967, 1457)

NRS 178.568  No public offense to be compromised except as provided in this title.  No public offense shall be compromised, nor shall any proceeding for the prosecution or punishment thereof, upon a compromise, be stayed, except as provided in this title.

(Added to NRS by 1967, 1457)

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