Mandatory Relief—New Rights for Drug Possession Charges

One of the most powerful parts of Nevada’s deferred judgment law involves simple drug possession. Under NRS 176.211, if you are pleading guilty to a first or second offense of possession (less than 14 grams of a controlled substance), the court is legally required to defer judgment if you consent.

Key Facts About Mandatory Deferral

Criminal History Doesn’t Block You: Even if you have prior felonies or a long criminal history, you are still entitled to this mandatory deferral for a first or second possession charge.
You Don’t Have to Plead to Everything: If you are facing multiple charges, you do not have to plead guilty to all of them just to get the benefit of a deferral on the possession charge.
A Safety Net for Treatment: If you are ordered into a treatment program as part of your deferral and you are unable to complete it, the law requires the court to allow you to withdraw your guilty plea if they terminate your participation.

This mandatory system ensures that those struggling with substance use are given a clear path toward recovery and a clean record rather than immediate prison time.

Legal Disclaimer

This blog is for informational purposes only and does not constitute legal advice. Viewing this content or contacting the author does not create an attorney-client relationship. Do not act or rely on any information provided without seeking legal advice from a qualified attorney licensed in your jurisdiction. Laws change and vary by jurisdiction, and no representation is made that the information provided is current, complete, or applicable to your situation.

Kelsey Angeley

Kelsey is a compassionate and fierce advocate. Kelsey began her practice as a Deputy Public Defender for Elko County after graduating from the world-renowned McGill University Faculty of Law in Montreal, Quebec. She relocated to Washoe County where she continued to work as a Deputy Public Defender before opening her own practice. Kelsey has handled thousands of criminal cases across Northern Nevada and will bring years of expertise to your case.

The Finish Line—Dismissal and Sealing Your Record following Deferred Judgment

The ultimate goal of a deferred judgment under NRS 176.211 is to walk away without a permanent criminal record. If you successfully meet all the terms and conditions set by the judge, the results are life-changing.

Avoiding a Conviction—What is Deferred Judgment?

If you are facing criminal charges in Nevada, you may hear the terms “diversion” or “deferred judgment.” While often used interchangeably, Nevada law specifically refers to this process as deferred judgment. Essentially, this allows a person to enter a plea of guilty or no contest, but the court delays entering a final conviction while the person completes certain requirements.