In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
It is an uphill battle for defendants in Nevada criminal cases to have their sentences shortened, but it is possible. Four methods of trying to get sentences shortened include:
A motion to modify a criminal sentence under NRS 176.555 is when a defendant (or his/her attorney) asks the court to change the sentence on the grounds that it was illegal. Three circumstances where a sentence may be unlawful are:
Defendants may file a motion to modify an illegal sentence pursuant to NRS 179.555 at anytime — there is no time limit.
An appeal is when a defendant asks a higher court to review the trial court’s ruling. In the same way defendants may appeal their convictions after being found guilty at trial, defendants can also appeal their sentences.
For example, defendants sentenced in Las Vegas Justice Court would appeal to the Eighth Judicial District Court. And defendants sentenced in the Eighth Judicial District Court would appeal to the Nevada Supreme Court.
The general rule is that defendants have 30 days after the case’s entry of judgment to file a “notice of appeal.” At that point the court would prepare a “record” of the case (which includes transcripts of the proceedings, such as the sentencing hearing). Then the defendant would have 120 days to file the “appellate brief” that argues why the appellate judges should lower the sentence.
The prosecution has the opportunity to file a response, and then the defendant can reply to that response. The appellate court may elect to hold oral arguments: This is where the defense attorney and prosecution would argue for and against a sentence modification, respectively. Finally, the appellate court judges would decide either to affirm the original sentence or remand the case down to the trial court to modify the sentence.
Defendants may apply to the Nevada Pardons Board for a commutation (reduction) of sentence. There are four main situations where the Board may choose to commute a sentence:
Defendants typically have one year after the judgment of conviction to file a writ of habeas corpus with the Nevada Supreme Court. This writ claims that the defendant’s sentence is invalid because of either:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
No. Under NRS 244, 345, brothels are illegal in Las Vegas and throughout all of Clark County. In fact, Nevada prostitution laws forbid any form of trading sex for money in Las Vegas and throughout Clark County. Nevada brothel system Nevada permits prostitution only in licensed brothels. Currently, only seven Nevada counties have legal, licensed ...
People convicted of certain sex offenses in California become registered sex offenders for life. They must register with their local police department(s) every time they change their residence and every year within five days of their birthday. But what if an offender forgets to register? Can he/she receive life in prison? Can the party raise ...
If you aim your laser pointer at a plane, helicopter, or other aircraft, be prepared to spend some time in federal prison. Cheap pen-sized laser pointers are misused hundreds of times every year by individuals who point them at aircraft. These powerful devices can shine a blinding light into cockpits presenting a serious danger to ...
Treason is a criminal offense in Colorado and it is defined as either levying war against the state of Colorado, or adhering to Colorado’s enemies and giving them aid and comfort Possible examples of treason could be: planning a coup against the Colorado government orchestrating a social media campaign to take down the Colorado government ...