State Plea Agreement - Nevada

NEVADA STATE WRITTEN GUILTY PLEA AGREEMENT

In the [DISTRICT NUMBER] Judicial District Court of Nevada, [COUNTY] County

Case No.: [________] Department No.: [________]

1. Plea and agreed terms

I, [DEFENDANT FULL NAME], agree to plead ☐ guilty ☐ guilty but mentally ill to the following count or counts in the charging document attached as Exhibit 1:

The State and I agree to these terms: [STATE EVERY PROMISE, INCLUDING ANY DISMISSAL OR RECOMMENDATION]. Charges to be dismissed or not prosecuted: [____]. Date for the State's requested dismissal: [____]. No other sentencing promise is made.

☐ Conditional plea, only with the district attorney's and court's consent. Under NRS 174.035(3), the adverse ruling on [SPECIFIED PRETRIAL MOTION AND DATE] is reserved in writing for appellate review. If I prevail on that appeal, I may withdraw the plea. Written consents: District Attorney [____]; Court [____].

☐ Guilty but mentally ill. The trial date is [__/__/____], and this plea is entered at least 21 days before it as required by NRS 174.035(5). I understand that I must establish mental illness by a preponderance of the evidence.

2. Consequences of the plea

I admit the facts supporting each element of the offenses to which I plead, as alleged in Exhibit 1. I understand the charges and the following lawful consequences for each count:

I understand that an administrative assessment may be required. If appropriate, the court may order restitution to victims of these offenses and related offenses dismissed or not prosecuted under this agreement. Extradition expenses, if any, may also be ordered. Proposed restitution and any agreed amount or dispute: [____]. Proposed fine and assessments: [____].

If more than one prison sentence is imposed, the court may decide whether sentences run concurrently or consecutively when the law permits that choice. The sentencing judge may consider information about unfiled, dismissed, or to-be-dismissed charges. A presentence report from the Division of Parole and Probation ☐ may ☐ will be prepared; my attorney and I may comment on its information at sentencing.

The parties recommend [SPECIFIC SENTENCE OR RANGE, IF ANY]. I understand that no one has guaranteed a sentence and that a recommendation by either side does not bind the judge. The judge will determine a lawful sentence within the applicable statutory limits. Any sentence condition or limit that the parties intend to propose must be stated here and reviewed under the governing law: [____].

3. Rights waived by the plea

My attorney and I have discussed the elements of the original charges, possible defenses, and favorable circumstances. I understand that the State would have to prove every element beyond a reasonable doubt at trial. By entering this plea I give up:

• The privilege against self-incrimination at trial, including the right not to testify and not to have that silence used against me;
• A speedy and public trial before an impartial jury, with counsel, and the ability to testify in my own defense;
• The rights to confront and cross-examine adverse witnesses and to compel witnesses on my behalf; and
• The ordinary right to appeal a conviction after a guilty plea, while retaining any appeal based on reasonable constitutional, jurisdictional, or other grounds challenging the legality of the proceedings and any written conditional-plea reservation above, as provided by NRS 174.063 and 174.035(3).

Any separate, negotiated appeal waiver must be stated precisely and reviewed by counsel: [NONE / SPECIFIC PROVISION AND EXCEPTIONS]. A blank line does not waive an additional right.

4. Voluntary decision

I have discussed the charge elements, penalties, restitution, defenses, and this agreement with my attorney if represented. I have had my questions answered and believe this plea is in my best interest and a trial would be contrary to that interest. I am satisfied with my attorney's services. I sign voluntarily, without coercion or any promise outside the terms written here. I am able to understand this document and the plea proceedings and am not impaired by alcohol, a controlled substance, or another drug. My attorney has explained the consequences to me. Additional facts the court should know: [____].

Defendant signature: [________________________] Date: [__/__/____]

Agreed for the State, Deputy District Attorney: [________________________] Date: [__/__/____]

5. Certificate of counsel (complete if represented)

I am counsel for the defendant. I have explained the allegations and elements of every charge to which this plea is entered, advised the defendant of the penalties and possible restitution, and discussed the facts and defenses known to me. In my judgment the plea is consistent with those facts, is made with my advice, and is in the defendant's best interest. To the best of my knowledge, the defendant understands the charges and consequences, is competent, signs and enters the plea voluntarily, and was not impaired by alcohol or drugs when signing.

Defense counsel: [________________________] Nevada Bar No.: [________] Date: [__/__/____]

Exhibit 1 — Charging document

Attach the information or indictment identifying each offense to which the defendant pleads. Exhibit identifier and date: [____].

This template requires review and customization by Nevada criminal defense counsel before signing or presentation to the court.