In Nevada, a ” plea deal ” is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty or no contest to a lesser charge or one of several charges. In exchange, the state agrees to a more lenient sentence and/or dismissal of some of the charges.
Almost all criminal cases in Nevada are resolved through a ” plea deal .” Plea deals allow you to avoid the harsher criminal sentences that come with being found guilty at trial .
In some cases, plea bargain negotiations involve “suspended adjudications” or “presentments” that allow your charges to be dismissed entirely. In other plea deals, felony charges may be reduced to lesser offenses or even misdemeanors .
Although if you ever regret pleading guilty, it is very difficult to withdraw a guilty plea.
In this article, our Las Vegas criminal defense attorneys answer frequently asked questions about plea deals in Nevada. Scroll down to learn more about the definition, procedures, and advantages and disadvantages of resolving a criminal case without a trial .
- 1) What is a plea agreement in Nevada?
- 2) What are the benefits?
- 3) What are the disadvantages?
- 4) What strategies do defense attorneys use to negotiate a plea deal with prosecutors?
- 5) Where does my defense attorney negotiate a plea agreement with prosecutors?
- 6) When can my defense attorney negotiate a plea deal?
- 7) How long does it take to negotiate?
- 8) Do plea agreements have to include fixed terms, or can they include a range of possible terms?
- 9) If my case goes to trial, can I accept a plea deal during the trial?
- 10) Can I accept a plea deal after my criminal trial?
- 11) Do all plea agreements require me to plead guilty?
- 12) Do some plea deals involve jail or prison time?
- 13) Can I get parole?
- 14) Can I plead “not guilty” instead of “guilty”?
- 15) Do prosecutors ever refuse to plea bargain a criminal case?
- 16) Do judges always accept plea deals?
- 17) How do I declare myself?
- 18) Does the judge sentence me on the same day I plead guilty?
- 19) Do I have to be present to plead guilty?
- 20) Are there some charges that cannot be resolved through a plea agreement?
- 21) What happens if I breach the terms?
- 22) Can I withdraw a guilty plea?
- 23) Can non-citizens accept plea deals?
- 24) Am I ever required to accept a plea deal?
- 25) What are some common plea deals?
Also see our article on conditional plea deals .
1) What is a plea agreement in Nevada?
” Plea agreements ” are also known by other names such as:
- resolutions,
- talks,
- plea agreements, or
- plea agreements
Everyone charged with a crime in Nevada has the right to a trial . A plea deal is when you and the prosecution in a criminal case agree on a final outcome without going to trial. If you and the prosecution can’t come to a plea deal , the case will go to trial.
In essence, plea deals are the criminal law version of ” settling out of court .” Deals involve negotiation and compromise, but you’ll likely get a more favorable resolution than if you went to trial and lost.
Example : Dave is charged with a first-time DUI in Nevada in Las Vegas Municipal Court. Dave admitted to the police officer that he was driving while intoxicated, and his blood test results show a high blood alcohol content (BAC). Furthermore, Dave’s defense attorney can’t find anything in the evidence to suggest police misconduct or false BAC results. Dave’s defense attorney explains that Dave has little chance of winning if he were to go to trial because the evidence is biased in favor of the prosecution. So if Dave were to go to trial and lose, he could face the maximum DUI penalties of 6 months in jail and $1,000 in fines.
Since Dave wants to avoid going to jail, he asks his defense attorney to try to negotiate a favorable plea deal with the prosecutor. Dave’s attorney initially suggests that the prosecutor reduce the DUI charge to reckless driving , but the prosecutor refuses. Dave’s attorney then suggests that Dave plead guilty to a DUI with the minimum penalties:
- $810 in fines;
- Victim Impact Panel Class;
- DUI School Class;
- You cannot have any new arrests or citations while the case is open; and
- No jail time unless Dave fails to comply with the other terms of the sentence
If the prosecutor in the example above accepts his defense attorney’s offer, the judge will likely agree as well and approve the deal. By pleading guilty, Dave will have a DUI conviction on his record, but he will avoid jail time as long as he complies with the terms of the sentence.
2) What are the benefits?
You may choose to accept a plea deal in Nevada criminal cases for the following two reasons :
- Avoid the time and expense of a trial; and
- The terms of a plea agreement are often more flexible than the sentences the judge can impose after a guilty verdict at trial.
Generally, by accepting a plea deal, you maintain an element of feeling ” in control .” Going to trial puts your fate in the hands of the judge or jury, and that uncertainty can be very distressing.
3) What are the disadvantages?
Accepting a plea deal in Nevada comes at a price, which includes the following three concessions :
- Waives his right to a trial;
- It may be impossible to reverse a plea agreement if you later change your mind; and
- You run the risk that the judge will not accept the agreement and impose a more severe punishment (but this almost never happens).
In short, accepting a plea deal requires you to acknowledge some responsibility and perhaps plead guilty to a crime(s). Additionally, by accepting the deal, you forfeit the possibility of a “not guilty” verdict at trial that could completely exonerate you.
4) What strategies do defense attorneys use to negotiate a plea deal with prosecutors?
First, your defense attorney will investigate all possible evidence in the case, including finding witnesses, surveillance video, and anything else that might show you in a favorable light. Then, your defense attorney approaches the prosecutor and points out all the holes and inaccuracies in the state’s evidence.
If your defense attorney is successful, prosecutors may doubt your ability to prove your guilt if they take the case to trial.
If prosecutors believe they may have a weak case against you, they may offer a good plea deal where the charges are dismissed or reduced to lesser offenses. Although even if prosecutors believe they have a strong case, they will often offer some form of plea bargain in hopes of avoiding trial.
5) Where does my defense attorney negotiate a plea deal with prosecutors?
In most Nevada criminal cases, your defense attorney and prosecutors negotiate via email and/or phone. In more serious cases, attorneys on both sides may schedule in-office meetings .
Sometimes, plea negotiations even take place in the courtroom while the judge is off the stand or in the hallways of the courthouse.
6) When can my defense attorney negotiate a plea deal?
You and the prosecution can attempt to negotiate a resolution at any time during the life of a criminal case until a verdict is reached at trial.
Plea deal negotiations often begin shortly after you have your arraignment . In some cases, plea deal talks may begin when you are only under investigation and have not yet been arrested.
When prosecutors make a plea deal offer, they usually include a deadline by which you must accept or else the offer will be rescinded. In many cases, prosecutors offer the most favorable plea deals early in the court process shortly after arraignment : If you delay accepting a deal, the prosecutor can punish you by making the plea deal offer worse.
Depending on the case, it may be worth waiting before committing to a plea deal. If during the pre-trial process your defense attorney can show that the state has insufficient evidence to prove guilt beyond a reasonable doubt, the prosecution may be willing to sweeten the plea deal offer.
7) How long does it take to negotiate?
It varies from case to case. Sometimes a plea agreement is reached over the course of a phone call or an exchange of emails. Sometimes plea negotiations can take weeks, months, or longer.
Low-level misdemeanor cases are often resolved more quickly than high-level felony cases.
8) Do plea agreements have to include fixed terms, or can they include a range of possible terms?
Felony plea deals often include ranges of possible terms, such as “2 to 5 years in prison.” It will then be up to the judge to determine at the sentencing hearing how much prison time to impose.
Depending on what you and the prosecution agree to in the plea agreement , the prosecution may choose to
- remain silent during sentencing or
- argue that the judge impose sentences on the higher side of the range.
9) Can I accept a plea deal during trial?
Yes. You and the prosecution can seek a plea agreement even while the criminal trial is ongoing. However, once the verdict is issued , you lose the opportunity to reach a plea agreement.
10) Can I accept a plea deal after my criminal trial?
No, once the judge or jury issues a verdict . Once the verdict is issued, you cannot retroactively accept the prosecutor’s plea deal offer.
If you are not satisfied with the outcome of a criminal trial in Nevada, your only options for recourse are
- request a new trial and/or
- file an appeal .
11) Do all plea agreements require me to plead guilty?
Not all of them. It depends on the case.
In some minor criminal cases in Nevada, the prosecutor may agree to a plea deal by ” submitting .” This means that the judge postpones the trial until after you comply with all the terms of the plea agreement , such as
- pay a fine,
- do community service, or
- attend a class.
If you successfully complete the terms, the judge will dismiss the case without you having to plead guilty or be sentenced.
In other minor and serious cases, the prosecutor may agree to a plea deal for ” suspended adjudication .” This means that the judge allows you to withdraw your guilty plea before the judge issues a ruling in the case, as long as you comply with all of the terms of the sentence. The judge will then dismiss the charge, and you will not have a conviction.
Otherwise, you will have to plead guilty, which will count as a criminal conviction .
12) Do some plea deals involve jail or prison time?
Yes. For felony cases in Nevada, one of the terms of the plea agreement may include time in custody. Felony plea agreements may also include a range of terms, such as 2 to 5 years in prison, and it is ultimately up to the judge to decide how much prison time within that term to impose.
In most Nevada misdemeanor cases, plea agreements involve no jail time and only paying:
- fines,
- community service and/or
- educational classes.
13) Can I get parole?
It depends on the case. There are some criminal charges for which the court is legally prohibited from granting probation. 1 These include:
- DUI causing serious injury or death
- causing death through an unlicensed medical procedure or health care
- Serious crimes committed to promote or benefit gangs
- violating a protection order by committing attempted murder, assault with use of a deadly weapon, assault resulting in serious bodily injury, or assault committed by strangulation
- using a deadly weapon or tear gas in the commission of murder, first-degree kidnapping, rape, or robbery
- sex trafficking of a minor
- vehicular homicide
- tampering with a breath ignition device
- manufacture drugs other than marijuana
- home invasion or breaking and entering when you have a prior conviction for home invasion or breaking and entering
- robbery of a person when the victim has a disability
14) Can I plead “not guilty” instead of “guilty”?
Generally, yes. Pleading “not guilty” has the same result as pleading “guilty” – which is a conviction.
Although by pleading ” not guilty ,” you are not admitting guilt . Instead, “not guilty” is simply an acknowledgement that the prosecution has enough evidence to prove guilt.
For that reason, you may prefer to plead “not guilty” rather than “guilty.”
15) Do prosecutors ever refuse to plea bargain a criminal case?
Prosecutors will generally consider plea negotiations in any of their cases, but they are not required to resolve a case without a trial. In addition, prosecutors generally have a quota of cases they must take to trial.
If there is a specific case that the prosecutor wants to take to trial, the prosecutor may not offer any good plea deals to ensure that you choose to go to trial.
16) Will judges always accept plea deals?
In the vast majority of cases, the judge will follow any plea bargain agreed to by you and the prosecution. However, keep in mind that the judge is not legally required to approve a plea deal: The judge always has the discretion to reject a plea deal and impose his or her own sentencing conditions, but this almost never happens.
Keep in mind that if a judge does not accept the plea deal, you can try to renegotiate another plea deal or go to trial.
17) How do I make a plea of
If you and the prosecution reach an agreement, you will inform the judge at your next court date . Either your defense attorney or the prosecutor will dictate the terms of the plea agreement to the judge.
The judge will then ask you a series of questions to determine if you understand
- the resolution and
- the rights you are giving up.
Finally, the judge will impose the sentence , which is almost always identical to the sentence you and the prosecution had already arrived at. You will then get another court date for when the terms of the sentence must be completed.
18) Does the judge sentence me the same day I enter a guilty plea?
It depends on whether the charge is a misdemeanor or a felony.
In Nevada misdemeanor cases, the judge usually imposes a sentence immediately after the guilty plea. In Nevada felony cases, the judge imposes the sentence on a different day , usually weeks after the guilty plea.
19) Do I have to be present to enter a plea?
It depends on two factors:
- Whether the charges are for a misdemeanor or a felony, and
- If the plea agreement includes a period of incarceration or a “suspended jail sentence” (where the judge can impose jail time if you fail to comply with the other terms of the plea agreement sentence)
In Nevada misdemeanor cases where the resolution does not include jail time or a suspended jail sentence , your defense attorney can appear in court without you being present and enter the plea on your behalf.
In Nevada misdemeanor cases where the resolution includes jail time or a suspended jail sentence , the judge generally prefers that you be present to enter the plea. However, if you live out of state, the judge may accept a ” written declaration ” in lieu of your presence: A written declaration is a notarized document that you sign acknowledging that you understand the terms of the plea agreement.
In Nevada felony cases, you are required to be present to enter the plea even if the sentence does not include prison time.
20) Are there some charges that cannot be resolved by a plea?
No. Potentially, all criminal cases can be settled through plea bargaining, even murder . However, both you and the prosecution, as well as the judge, must agree to the plea bargaining in order to avoid trial.
21) What happens if I breach the terms?
Each plea agreement sets out the consequences for violating its terms. Depending on the case, violating a plea agreement can result in:
- fines,
- more sentencing terms, or
- imprisonment.
If the plea agreement included a suspended jail sentence , the judge has the discretion to impose that sentence as punishment for failing to comply with the terms of the plea agreement. However, if you have a good excuse for violating the terms of the plea agreement, the judge may forgive you.
22) Can I withdraw a statement?
If you regret filing a return, you can always try to withdraw your return by filing a motion to withdraw the return. However, the success rate for withdrawing a return is very low in Nevada.
The most effective arguments for withdrawing a guilty plea include:
- He had ineffective legal assistance.
- He did not make the plea of
guilty consciously, voluntarily and intelligently. - He was not informed that parole may not be available.
If you entered a guilty plea but have not yet been sentenced, you have a better chance of withdrawing the plea than if the judge had already sentenced you. Judges will not withdraw a guilty plea just because you are dissatisfied with your sentence: By entering the plea in the first place, you take the risk that the judge will impose an unfavorable sentence.
23) Can non-citizens accept plea deals?
Anyone charged with a crime in Nevada has the opportunity to resolve the case without a trial. For immigrants and non-citizens who are charged with deportable crimes , it is critical that they reach a resolution that does not put them at risk of being removed from the country.
Example : Paul is a legal resident of Nevada in the process of applying for full citizenship. The Las Vegas police arrest Paul for child abuse , which is a crime of moral turpitude and therefore can get him deported from the U.S. Paul does not want to go to trial, so his defense attorney attempts to work out a plea deal with the district attorney. The district attorney concedes that there may be insufficient evidence to sustain a child abuse conviction, but is unwilling to dismiss the case entirely. So instead, the district attorney offers to reduce the charge to disorderly conduct .
If Paul accepts the district attorney’s offer in the example above, Paul will not be at risk of deportation because disorderly conduct is not a deportable offense.
24) Am I ever required to accept a plea deal?
No. You are never required to settle a case without a trial. Anyone charged with a crime in Nevada, including minor traffic tickets, has the right to a trial .
25) What are some common plea deals?
Below are some typical plea agreement resolutions in Nevada for first offense charges.
- petty theft,
- domestic violence with injuries, and
- personal possession of drugs.
Terms of the plea agreement for first offense petit larceny (theft of less than $1,200 worth of property):
- $250; and
- Class of petty theft; and
- You cannot have any more arrests or citations while the case is open.
Upon successful completion of these terms, the judge will dismiss the case, so there will be no conviction. If you fail to complete the terms, you will be convicted of petty theft.
Please note that the maximum penalties for a petty theft conviction are 6 months in jail and/or $1,000 in fines. Learn more in our article on petty theft .
Terms of plea agreement for first offense domestic violence with injury:
- 2 days in jail (you will usually be given credit for time spent in custody after the arrest); and
- 48 to 120 hours of community service; and
- Up to $1,000 in fines; and
- 6 months of weekly counseling; and
- You cannot have any more arrests or citations while the case is open.
Upon successful completion of these terms, the judge will close the case. Although you will have a conviction for domestic violence with battery, you can petition the court to seal the record once seven years have passed since the case was closed. Learn more about sealing criminal records in Nevada .
Please note that the maximum penalties for a domestic violence battery conviction are 6 months in jail and/or $1,000 in fines. For more information, please see our article on domestic violence battery .
Plea Terms for First-Time Possession of Drugs for Personal Use:
- A drug education course or rehabilitation program; and
- Fines; and
- 1 year suspended sentence in Nevada State Prison ; and
- You cannot have any more arrests or citations while the case is open.
Once you have successfully completed these terms, the judge will dismiss the case, so there will be no conviction. If you fail to comply with the terms, you will be convicted of drug possession and may have to serve up to 1 year in custody. For more information, see our article on drug possession for personal use .
Legal references:
1 NRS 453.321; NRS 200,485 NRS;200,830; NRS 200,840; NRS 205.060; NRS 205.067; NRS 205.270; NRS 484C.420; NRS 484C.430; NRS 453.322; NRS 484C.440 ; NRS 484C.470; NRS 201.300; NRS 193.165; NRS 193.166; NRS 193.168.