Nevada Revised Statutes 207.440 – Criminal forfeiture: Orders to secure property
1. After an information or indictment is filed regarding a violation of NRS 207.400, the prosecuting attorney may request the court to:
Terms Used In Nevada Revised Statutes 207.440
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a) Enter a restraining order or injunction;
(b) Require the execution of a satisfactory bond;
(c) Appoint a receiver; or
(d) Take any other necessary action, to secure property which is subject to criminal forfeiture.
2. The court shall, after a hearing for which notice was given to any person whose rights in the property proposed for forfeiture would be affected, order such an action if the prosecuting attorney shows by a preponderance of the evidence that the action is necessary to preserve the defendant‘s property which is subject to criminal forfeiture.
3. If no indictment or information has been filed regarding a violation of NRS 207.400, the court may, after such a hearing and upon a showing of the prosecuting attorney that:
(a) There is probable cause to believe that the property for which the order is sought would be subject to criminal forfeiture; and
(b) The requested order would not result in substantial and irreparable harm or injury to the party against whom the order is to be entered that outweighs the need to secure the property for the potential criminal forfeiture, order an action to secure the property. Such an order may not be effective for more than 90 days unless it is extended for good cause or an indictment or information is filed regarding a violation of NRS 207.400 and the extent of the criminally forfeitable property is listed therein.