Plea deal in Nevada but still unfair sentence Why

Have you ever been unsure about the implications of a plea deal in Nevada? Many face this dilemma, as legal complexities can be overwhelming. Knowing the law is crucial for effective navigation. This article explores a pivotal court ruling to guide you through these legal challenges.

Situation

Situation Example

In the state of Nevada, a man named Robert Raymond Breault found himself in a difficult legal situation. Robert was accused of two serious crimes: mayhem and assault with a deadly weapon. This all took place in a Nevada district court. He decided to plead guilty to these charges, which means he admitted to committing them. After his guilty plea, the court sentenced him to serve time in prison. The sentences for each crime were to be served one after the other, not at the same time. The court set a minimum and a maximum time he needed to spend in prison. However, Robert later realized there might be a problem with his sentence. He believed that the minimum time he was told to serve was longer than what Nevada law allowed. According to Nevada law, the minimum sentence should not be more than 40% of the maximum sentence. Robert thought his sentence broke this rule. This led him to question and challenge the sentence he received.

Judgment

In the case of Breault v. State (Case No. 31211), the court decided in favor of the State of Nevada. The court ruled that because Robert had agreed to the plea deal, which included the sentencing terms, he could not later contest the sentences. The court found that his waiver of defects in the sentencing was made knowingly and voluntarily, so the sentences remained unchanged despite the statutory rules.

Resolution

Immediate Actions

If you find yourself in a situation similar to Robert’s, the first thing to do is consult a lawyer. A lawyer can explain the terms of any plea agreement you might be considering or have already accepted. They can help you understand your rights and any potential issues with your sentence. It’s important to know that once you agree to a plea deal, it can be very difficult to change or challenge it later.

Filing and Submission of Complaints

If you believe your sentence is illegal, you can file a motion to correct it. This involves writing a formal request to the court, explaining why you think the sentence is illegal. You should highlight any discrepancies between the sentence and statutory requirements, like the 40% rule Robert mentioned. It’s important to provide clear evidence and legal arguments to support your case. Working with a lawyer can greatly improve your chances of success in this process, as they can guide you through the legal requirements and help you draft your motion properly.

Negotiation and Settlement Strategies

Before accepting any plea deal, it’s crucial to negotiate terms that are fair and within legal guidelines. This means discussing all terms with your lawyer and the prosecutor to ensure you understand what you’re agreeing to. If you’re already in a situation where you wish to change a plea agreement, consider negotiating with the prosecutor for a revision. Sometimes, showing good behavior or new evidence might persuade the prosecutor to agree to a modification. However, remember that once a plea is agreed upon and accepted by the court, changes are not guaranteed, and renegotiating can be challenging.

FAQ

What is mayhem?

Mayhem is a serious crime where someone intentionally injures another person in a way that disfigures or disables them. This could mean cutting off a body part or causing lasting damage.

What does an assault with a deadly weapon sentence involve?

Assault with a deadly weapon is when someone uses a weapon to threaten or hurt another person. The sentence for this crime varies, but it usually involves prison time. In Nevada, the law sets specific minimum and maximum terms for such offenses.

What does NRS 193.130 mean?

NRS 193.130 is a Nevada law that explains how long someone should be sentenced for a felony crime. It says the minimum time in prison should not be more than 40% of the maximum time.

What are negotiated plea terms?

Negotiated plea terms are part of a plea deal where the defendant agrees to plead guilty in exchange for a lighter sentence or fewer charges. It’s a way to avoid going to trial.

What are minimum term limits?

Minimum term limits are the shortest amount of time a person must spend in prison before they can be considered for parole. This ensures they serve a portion of their sentence before being eligible for release.

What is a voluntary plea waiver?

A voluntary plea waiver is when a defendant willingly gives up certain legal rights as part of a plea deal. This might include the right to contest certain aspects of their sentence later.

How can an illegal sentence be corrected?

To correct an illegal sentence, you can file a motion in court. This legal document asks the court to review and change the sentence to fit legal standards. It’s a detailed process that often requires a lawyer’s help.

What are parole eligibility rules?

Parole eligibility rules determine when a prisoner can apply to be released before completing their full sentence. These rules depend on serving the minimum term and meeting other criteria like good behavior.

What is sentence modification law?

Sentence modification law allows courts to change a sentence if it’s found to be illegal or unfair. The court can adjust the sentence to meet legal requirements.

What are the benefits of a plea agreement?

Plea agreements can benefit defendants by reducing charges or the severity of a sentence, providing certainty, and avoiding the uncertainty and stress of a trial.