It depends on the circumstances of the case.
A defendant is at liberty to ask a Nevada court to withdraw his/her plea at any time. However, courts are more likely to consider the request if sentencing has not yet occurred. If sentencing has already occurred, the judge may presume that the only reason the defendant wants to withdraw the plea is to try to get a lesser sentence by going to trial.
If a defendant files a motion to withdraw a plea prior to being sentenced, the court has "discretion" to grant it if withdrawing the plea would be fair and just. But if a defendant files a motion to withdraw a plea after sentencing, the court may not grant the motion unless doing so would "correct a manifest injustice." Therefore, the bar for withdrawing a plea becomes much higher after sentencing. (Also read our article about post-conviction relief for non-citizens in Nevada.)
Various factors Nevada courts consider when deliberating whether to withdraw a plea include whether the defendant delayed unnecessarily in seeking to withdraw the plea, and whether the prosecution would be prejudiced by withdrawing the plea. Possible grounds for withdrawing a plea in Nevada include:
- ineffective assistance of counsel or an interpreter,
- the plea was not given knowingly, voluntarily, and intelligently
- defendant was not informed that probation might be unavailable
To learn more about how to withdraw a plea in Nevada, watch our information videos: