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A plea bargain is one way to settle your criminal charge(s) without having to go to court; however, while it may result in lesser charges and/or less severe punishment, you will be giving up many of your fundamental rights when you agree to a plea bargain. In addition, there could be long-term effects from agreeing to a plea bargain.
The issue isn’t just whether the prosecutor’s proposal seems reasonable; it’s whether accepting this proposal will be better for you than any other possible options based upon the evidence, potential defenses, sentencing exposure and what the prosecutors are willing to negotiate.
At LV Criminal Defense, attorney Nick Wooldridge helps people facing criminal charges in Las Vegas evaluate plea offers, negotiate with prosecutors, and decide whether an agreement serves their interests. You do not have to accept an unfavorable deal simply because one has been offered.
Plea bargaining is a negotiation between the prosecution and the defense. The prosecutor may offer concessions in exchange for a defendant agreeing to plead guilty or, where permitted, no contest rather than proceed to trial.
Negotiation can occur early in the process, but it can also take place while attorneys are reviewing evidence and preparing for trial. Even if you enter a plea of “not guilty” at your arraignment; this will not preclude you from attempting to negotiate an agreement later.
Prosecutors consider several factors when evaluating an offer, including the seriousness of the charges, available evidence, prior criminal history, and circumstances of the alleged offense.
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Your defense attorney can present weaknesses in the prosecution’s case, propose alternative charges or sentencing terms, and explain why a different resolution may be appropriate.
The final decision to accept or reject a plea agreement belongs to you. Your lawyer advises and negotiates on your behalf but cannot make that decision without your authorization.
Depending on the charges and applicable Nevada law, plea negotiations may address several important issues.
Reduced criminal charges. Prosecutors may agree to amend a serious charge to a lesser offense, potentially reducing the penalties associated with a conviction. In appropriate cases, an agreement may also specify the degree of an offense under NRS 174.065.
Dismissal of certain counts. When a defendant faces multiple charges, prosecutors may agree to dismiss some counts in exchange for a plea to others. The result may substantially change the defendant’s sentencing exposure.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
Sentencing recommendations. Prosecutors may agree to recommend a particular sentence, probation where legally available, or another form of leniency. However, a recommendation is not necessarily binding on the judge.
Other conditions. Depending on the case, negotiations may include restitution, counseling, treatment programs, community service, or other conditions permitted by law.
Not every offense is eligible for probation or a particular reduction. An effective agreement must account for the actual statutory penalties and restrictions, not merely what the parties would prefer.
Accepting a plea bargain can be a sensible choice when the prosecution has strong admissible evidence and the agreement significantly reduces the risks of conviction after trial.
But evidence that initially appears convincing may have weaknesses. Witnesses can contradict one another. Police procedures may be challenged. Evidence obtained through an unlawful search might be subject to suppression. The prosecution may also have difficulty proving an essential element of the charge.
These questions should be explored before deciding whether to accept an agreement.
A defense attorney should also evaluate the consequences beyond the proposed sentence. A conviction can affect employment, professional licensing, immigration status, firearm rights, and future criminal proceedings.
A plea bargain that results in no jail time for a defendant now could have significant long-term negative effects. On the other hand, turning down a good plea bargain can result in a much larger penalty for a defendant who is convicted in court.
There is no universal formula. The decision requires a realistic assessment of both options, rather than assuming every plea bargain is advantageous or that trial is always preferable.
No. A prosecutor’s willingness to make a deal does not guarantee court approval or a particular sentence.
Under NRS 174.035 and 174.063, Nevada establishes requirements for entering guilty pleas and documenting written plea agreements. Certain felony plea bargains must be in writing and signed by the defendant, prosecutor, and defense counsel if represented.
The judge must also determine that the plea is voluntary and that the defendant understands the charges and consequences.
A sentencing recommendation is not the same as a guaranteed sentence. Unless an applicable, approved agreement legally limits the court’s discretion, the judge may impose a different lawful sentence than the parties recommend.
Before entering a plea, you should understand the maximum possible punishment, the promises the prosecutor has actually made, and what authority the judge retains.
Once the terms are finalized, your attorney should review the agreement with you before it is submitted to the court.
During a change-of-plea hearing, the judge will typically ask questions to determine whether you understand the charges, the terms of the agreement, and the rights you are giving up.
A guilty plea generally means waiving the right to a trial, the right to confront prosecution witnesses, and the right to require the state to prove guilt beyond a reasonable doubt.
If the court accepts the plea, the case proceeds toward sentencing, which may occur at the same hearing or on a later date.
Accepting a plea agreement does not automatically erase the conviction or preserve every right to appeal. These consequences should be discussed before the agreement is signed.
Yes. Some plea agreements involve defendants who agree to testify against another person in exchange for a reduced charge or a sentencing recommendation.
These arrangements are specifically regulated by Nevada Revised Statutes § 174.061.
Under that provision, an agreement involving testimony against another defendant must be in writing and state that the agreement becomes void if the defendant provides false testimony.
Prosecutors also cannot require testimony to follow a predetermined formula or make the agreement contingent upon testimony producing a particular conclusion.
The law does not permit prosecutors to purchase a specific version of events or guarantee a conviction through a cooperation agreement.
These arrangements can involve additional legal risks, particularly when a defendant faces allegations connected to other individuals. Any proposed cooperation should be carefully evaluated with defense counsel before the defendant makes statements or commitments.
You can reject a prosecutor’s offer and continue defending the case. However, an offer may expire or change, and prosecutors are not necessarily required to repeat the same proposal later.
Withdrawing a plea after it has been entered is a different matter.
Under NRS 176.165, withdrawal before sentencing is subject to the court’s discretion. After sentencing, setting aside a conviction through plea withdrawal requires correction of a manifest injustice.
That is why a defendant should understand the agreement before entering the plea rather than assume that an unfavorable result can be undone afterward.
Read more about withdrawing a criminal plea in Nevada.
A meaningful plea negotiation begins with understanding what the prosecution can prove and what the defense may be able to challenge.
At LV Criminal Defense, Nick Wooldridge evaluates the charges, reviews available evidence, examines potential defenses, and assesses the consequences of different resolutions.
The goal of negotiation is to find an agreement which will protect your client’s interests and reduce their potential for legal liability. Negotiation can take many forms including challenging the initial charge; asking for some of the charges to be dropped; presenting additional information that may help mitigate the severity of the offense; and/or receiving a better recommendation on how much time should serve.
Just as importantly, Nick can explain when a proposed agreement may not be worth accepting and what proceeding toward trial would involve.
You should not have to choose between a plea agreement and a trial without understanding the advantages and risks of each.
If prosecutors have offered you a deal, or you want to explore whether an agreement is possible, contact LV Criminal Defense for a free initial consultation or call 702-623-6362 to discuss your situation.
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