Question 1

What is a plea bargain in Nevada?

Accepted Answer

Plea bargains go by various other names such as: resolutions, negotiations, plea deals, or plea agreements. Everyone charged with a crime in Nevada is entitled to a trial. A plea bargain is when you and the prosecution in a criminal case agree to a final result without going to trial. If you and the prosecution cannot agree to a plea bargain, the case will go to trial. In essence, plea bargains are the criminal law version of settling out of court. Pleas involve negotiation and compromise, but you will probably get a resolution more favorable than if you went to trial and lost.

Question 2

What are the benefits?

Accepted Answer

You may choose to take a plea bargain in Nevada criminal cases for the following two reasons: You avoid the time and expense of trial; and The terms of a plea are usually laxer than the penalties the judge may impose following a guilty verdict at trial. In all, you retain an element of feeling in control by taking a plea. Going to trial puts your fate in the judge's or jury's hands, and that uncertainty can be very unnerving.

Question 3

What are the downsides?

Accepted Answer

Taking a plea in Nevada comes with a price, including the following three concessions: 1) You waive your right to a trial; 2) It may be impossible to reverse a plea deal if you later change your mind; and 3) You risk the possibility that the judge will not agree to the plea bargain and will impose a harsher punishment (but this hardly ever happens). In sum, taking a plea requires you to acknowledge some responsibility and perhaps plead guilty to a crime(s). Plus by taking the plea, you lose the possibility of a not guilty verdict at trial that could exonerate you completely.

Question 4

What strategies do defense attorneys use to negotiate a plea bargain with prosecutors?

Accepted Answer

First your defense attorney would investigate all the possible evidence in the case including searching for witnesses, surveillance video, and anything else that could show you in a favorable light. Your defense attorney then goes to the prosecutor and points out all the holes and inaccuracies in the state's evidence. If your defense attorney is successful, the prosecutors may doubt their ability to prove you guilty if they took the case to trial. If the prosecutors think they may have a weak case against you, they may offer a good plea deal whereby the charges get dismissed or reduced to lesser offenses. Though even if the prosecutors think they have a strong case, they often will still offer some kind of plea bargain in the hopes of avoiding trial.

Question 5

Where does my defense attorney negotiate a plea deal with prosecutors?

Accepted Answer

In most Nevada criminal cases, your defense attorney and prosecutors negotiate through email and/or over the phone. In more serious cases, the attorneys on both sides may schedule office meetings. Sometimes, plea negotiations even take place in the courtroom while the judge is off the bench or in the hallways of the courthouse.

Question 6

When can my defense attorney negotiate a plea bargain?

Accepted Answer

You and the prosecution may try to negotiate a resolution at any time during the life of a criminal case up until a trial verdict is rendered. Often the plea bargaining negotiations begin shortly after you have your arraignment. In some cases, plea deal talks can commence when you are only under investigation and have not even been arrested yet. When prosecutors make a plea deal offer, they usually include a deadline by which time you must accept or else the offer will be rescinded. In many cases, prosecutors offer the most favorable plea deals early on in the court process shortly after the arraignment: If you stall in taking a deal, the prosecutor may punish you by worsening the plea deal offer.

Question 7

How long does it take to negotiate?

Accepted Answer

It varies case-to-case. Sometimes a plea resolution is reached over the course of one phone call or email exchange. Sometimes plea negotiations take weeks, months, or longer. Low-level misdemeanor cases are often resolved quicker than high-level felony cases.

Question 8

Do plea bargains have to include fixed terms, or can they include a range of possible terms?

Accepted Answer

Felony plea bargains often include ranges of possible terms, such as 2 to 5 years in prison. It is then up to the judge to determine at the sentencing hearing how much prison to impose. Depending on what you and the prosecution agree to in the plea bargain, the prosecution may either remain silent at sentencing or else argue that the judge impose penalties on the higher side of the range.

Question 9

If my case goes to trial, can I accept a plea bargain during the trial?

Accepted Answer

Yes. You and the prosecution can seek a plea resolution even while the criminal trial is going on. Though once the verdict is rendered, you lose the opportunity to plea bargain.

Question 10

Can I accept a plea bargain after my criminal trial?

Accepted Answer

No, not once the judge or jury returns a verdict. Once the verdict is rendered, you may not retroactively accept the prosecutor's previous plea bargain offer. If you do not like the outcome of a criminal trial in Nevada, your only modes of relief are to move for a new trial and/or submit an appeal.

Question 11

Do all plea deals require me to plead guilty?

Accepted Answer

Not all. It depends on the case. In some misdemeanor criminal cases in Nevada, the prosecutor may agree to a plea bargain by submittal. This is when the judge delays judgment until after you perform all the terms of the plea bargain such as paying a fine, doing community service, or attending a class. If you successfully finish the terms, the judge will dismiss the case without you ever having to enter a plea or getting convicted.

Question 12

Do some plea deals involve jail or prison time?

Accepted Answer

Yes. For more serious felony cases in Nevada, one of the terms of the plea bargain can include time in custody. Felony plea bargains can also include term ranges such as 2 to 5 years in prison, and it is ultimately up to the judge to decide how much prison within that term to impose. In most Nevada misdemeanor cases, the plea deal sentences involve no jail and just fines, community service, and/or educational classes.

1) ¿Qué es un acuerdo de culpabilidad en Nevada?

2) ¿Cuáles son los beneficios?

3) ¿Cuáles son los inconvenientes?

4) ¿Qué estrategias usan los abogados defensores para negociar un acuerdo de declaración con los fiscales?

12) ¿Algunos acuerdos de declaración implican tiempo en la cárcel o en la prisión?

13) ¿Puedo obtener libertad condicional?

14) ¿Puedo declararme “no culpable” en lugar de “culpable”?

15) ¿Los fiscales alguna vez rechazarán negociar un caso criminal?

20) ¿Hay algunos cargos que no se pueden resolver a través de una declaración?

21) ¿Qué pasa si rompo los términos?

22) ¿Puedo retirar una declaración?

23) ¿Los no ciudadanos pueden hacer acuerdos de declaración?

24) ¿Alguna vez se me requiere tomar una declaración?

25) ¿Cuáles son algunos acuerdos de declaración comunes?

Términos de declaración para el hurto menor por primera vez (robar menos de $1,200 en propiedad):

Términos de declaración para violencia doméstica con batería por primera vez:

Términos de acuerdo para la posesión por primera vez de una droga de uso personal:

Referencias Legales:

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