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“Plea Bargains” in Nevada – How The System Works

In Nevada, a plea bargain is an agreement between the prosecutor and you (the defendant) in which you plead guilty or no contest to a charge(s) in exchange for:

  • a laxer sentence and/or
  • dismissal of some of the charges.

Almost all criminal cases in Nevada are resolved through a “plea bargain.” Plea deals allow you to avoid the harsher criminal sentences that come with being found guilty at a trial.

In some cases, plea negotiations involve stayed adjudications/submittals that allow your charges to be totally dismissed. In other plea bargains, charges for felonies can be reduced to:

However, if you ever regret entering a plea, it is very difficult to withdraw it.

Graphic that shows other names for plea bargains in Nevada, such as negotiations

In this article, our Las Vegas criminal defense attorneys answer frequently asked questions about plea bargains in Nevada. Scroll down for more information about the definition, procedures, and pros and cons of resolving a criminal case without a trial.

Also see our article on conditional plea agreements.


1) What is a plea bargain in Nevada?

“Plea bargains” go by various other names in Nevada, such as:

  • resolutions,
  • negotiations,
  • plea deals, or
  • plea agreements

Everyone charged with a crime in Nevada is entitled to a trial. A plea bargain is when you and the prosecution in a criminal case agree to a final result without going to trial. If you and the prosecution cannot agree to a plea bargain, the case will go to trial.

In essence, plea bargains are the criminal law version of “settling out of court.” Pleas involve negotiation and compromise, but you will probably get a resolution more favorable than if you went to trial and lost.

Example: Dave gets charged with a first-time DUI in Nevada in Las Vegas Municipal Court. Dave admitted to the cop that he was driving drunk, and his blood test results show a high blood alcohol content (BAC). Furthermore, Dave’s defense attorney cannot find anything in the evidence that suggests police misconduct or false BAC results. Dave’s defense attorney explains that Dave has a slim chance of winning if he went to trial because the evidence is skewed in the prosecution’s favor. Then if Dave went to trial and lost, he would potentially face the maximum DUI penalties of 6 months in jail and $1,000 in fines.

Since Dave wishes to avoid going to jail, he asks his defense attorney to try to negotiate a favorable plea deal with the prosecutor. Dave’s attorney initially suggests that the prosecutor reduce the DUI charge to reckless driving, but the prosecutor refuses. Dave’s attorney then suggests that Dave plead to a DUI with the minimum penalties:

  • $400 in fines (plus court costs and administrative assessments, which may total $810 or more);
  • Victim Impact Panel class;
  • DUI School class;
  • You may not pick up any new arrests or citations while the case is open; and
  • No jail unless Dave does not complete the other sentencing terms

If the prosecutor in the above example agrees to your defense attorney’s offer, the judge will probably agree with it as well and sign off on the deal. By entering this plea, Dave will have a DUI conviction on his record, but he gets to stay out of jail as long as he is compliant with the sentencing terms.1

Note that if you refuse to enter a plea, the judge will likely enter a “not guilty” plea on your behalf. If you indicate that you do not want to enter a plea because you want to speak with an attorney and have not had the opportunity to do so, the judge can delay the arraignment and reschedule to another date to give you the chance to consult with counsel.

2) What are the benefits?

You may choose to take a plea bargain in Nevada criminal cases for the following two reasons:

  1. You avoid the time and expense of trial; and
  2. The terms of a plea are usually more lenient than the penalties the judge may impose after a guilty verdict at trial.

In all, you retain a sense of “in control” by taking a plea. Going to trial puts your fate in the judge’s or jury’s hands, and that uncertainty can be very unnerving.2

3) What are the downsides?

Taking a plea in Nevada comes with a price, including the following three concessions:

  1. You waive your right to a trial;
  2. It may be impossible to reverse a plea deal if you later change your mind; and
  3. You risk the judge not accepting the plea bargain and imposing a harsher punishment (but this hardly ever happens).

In sum, taking a plea requires you to acknowledge some responsibility and perhaps plead guilty to a crime(s). Plus by taking the plea, you lose the possibility of a “not guilty” verdict at trial that could exonerate you completely.3

4) What strategies do defense attorneys use to negotiate a plea bargain with prosecutors?

First, your Nevada defense attorney would investigate all the possible evidence in the case, including searching for witnesses, surveillance video, and anything else that could show you in a favorable light. Your defense attorney then goes to the prosecutor and points out all the holes and inaccuracies in the state’s evidence.

If your defense attorney is successful, the prosecutors may doubt their ability to prove you guilty if they took the case to trial.

If the prosecutors think they may have a weak case against you, they may offer a good plea deal in which the charges are dismissed or reduced to lesser offenses. Although prosecutors may believe they have a strong case, they often still offer a plea bargain in the hopes of avoiding trial.4

5) Where does my defense attorney negotiate a plea deal with prosecutors?

In most Nevada criminal cases, your defense attorney and prosecutors negotiate through email and/or over the phone. In more serious cases, the attorneys on both sides may schedule office meetings.

Sometimes, plea negotiations even take place in the courtroom while the judge is off the bench or in the hallways of the courthouse.5

Defense attorney and prosecutor shaking hands after agreeing to a plea deal
The prosecution and defense can negotiate pleas at any time during a case up until a trial verdict is rendered.

6) When can my defense attorney negotiate a plea bargain?

You and the prosecution may try to negotiate a resolution at any time during the life of a Nevada criminal case up until a trial verdict is rendered.

Often the plea bargaining negotiations begin shortly after you have your arraignment. In some cases, plea deal talks can begin even before you’re arrested, provided you’re under investigation.

When prosecutors make a plea deal offer, they usually include a deadline by which time you must accept or else the offer will be rescinded. In many cases, prosecutors offer the most favorable plea deals early on in the court process, shortly after the arraignment. If you stall in taking a deal, the prosecutor may punish you by worsening the plea deal offer.

Depending on the case, it may be worth waiting before you commit to a plea deal. Suppose during the pretrial process your defense attorney can demonstrate that the state has insufficient evidence to prove guilt beyond a reasonable doubt. In that case, the prosecution may be willing to sweeten the plea offer.6

7) How long does it take to negotiate?

It varies from case to case in Nevada. Sometimes, a plea resolution is reached in a single phone call or email exchange. Sometimes plea negotiations take weeks, months, or longer.

Low-level misdemeanor cases are often resolved more quickly than high-level felony cases.7

8) Do plea bargains have to include fixed terms, or can they include a range of possible terms?

Nevada felony plea bargains often include a range of possible terms, such as “2 to 5 years in prison.” It is then up to the judge to determine at the sentencing hearing how much prison to impose.

Depending on what you and the prosecution agree to in the plea bargain, the prosecution may either

  • remain silent at sentencing or else
  • argue that the judge impose penalties on the higher side of the range.8

9) If my case goes to trial, can I accept a plea bargain during the trial?

Yes. You and the prosecution can seek a plea resolution even while the criminal trial is going on. Though once the verdict is rendered, you lose the opportunity to plea bargain in Nevada.9

10) Can I accept a plea bargain after my criminal trial?

No, not once the judge or jury returns a verdict. Once the verdict is rendered, you may not retroactively accept the prosecutor’s previous plea bargain offer.

If you do not like the outcome of a criminal trial in Nevada, your only modes of relief are to

11) Do all plea deals require me to plead guilty?

Not all. It depends on the case.

In some misdemeanor criminal cases in Nevada, the prosecutor may agree to a plea bargain by “submittal.” This is when the judge delays judgment until after you perform all the terms of the plea bargain such as

  • paying a fine,
  • doing community service, or
  • attending a class.

If you successfully finish the terms, the judge will dismiss the case without you ever having to enter a plea or being convicted.

In some other misdemeanor and felony cases, the prosecutor may agree to a plea bargain by “stayed adjudication.” This is when the judge permits you to withdraw your guilty plea prior to the judge rendering a judgment in the case, as long as you successfully finish all the sentencing terms. The judge will then dismiss the charge, and you will have no conviction.

Otherwise, you will have to enter a guilty plea, which will then count as a criminal conviction.11

Defendant in her jail cell waiting for the results of her attorney's negotiation with the prosecutor
The best plea deals typically include probation instead of prison.

12) Do some plea deals involve jail or prison time?

Yes. For more serious felony cases in Nevada, one of the terms of the plea bargain can include time in custody. Felony plea bargains can also include term “ranges” such as 2 to 5 years in prison, and it is ultimately up to the judge to decide how much prison within that term to impose.

In most Nevada misdemeanor cases, the plea deal sentences involve no jail and just

  • fines,
  • community service, and/or
  • educational classes.12

13) Can I get probation?

It depends on the case. There are some criminal charges for which the court is legally prohibited from granting probation. These include:

14) Can I plead “no contest” instead of “guilty”?

Usually, yes. Pleading “no contest” in Nevada yields the same result as pleading “guilty,” which is a conviction.

Though by pleading “no contest,” you are not admitting guilt. Instead, “no contest” is merely an acknowledgment that the prosecution has sufficient evidence to prove guilt.

For that reason, you may prefer to plead “no contest” instead of “guilty.”14

15) Will prosecutors ever refuse to negotiate a criminal case?

Nevada prosecutors will usually entertain plea negotiations in any case, but they are under no obligation to resolve a case without a trial. Furthermore, prosecutors typically have a quota of cases they must take to trial.

If there is a specific case the prosecutor wants to take to trial, the prosecutor may purposely not offer any good plea deals to ensure you will choose to go to trial.15

16) Will judges always agree to plea deals?

In the vast majority of Nevada cases, the judge will defer to any plea negotiation agreed to by you and the prosecution. Though note that the judge is not legally obliged to rubber-stamp a plea deal: The judge always has the discretion to reject a plea deal and impose their own sentencing terms, but this hardly ever happens.

Note that if a judge does not agree to the plea deal, you can try to renegotiate another plea deal or go to trial.16

17) How do I enter a plea?

If you and the prosecution agree to a resolution in Nevada, they will tell the judge at the next court date. Either your defense attorney or the prosecutor will dictate the terms of the plea deal to the judge.

Then the judge will ask you a series of questions to determine whether you understand

  • the resolution and
  • the rights you are giving up.

Finally, the judge will impose the sentence, which is almost always identical to the sentence you and the prosecution already agreed to. You will then get another court date by which time the sentencing terms should be completed.17

18) Does the judge sentence me on the same day I enter a plea?

It depends on whether the charge is for a misdemeanor or a felony.

In Nevada misdemeanor cases, the judge typically imposes a sentence right after the entry of a plea. In Nevada felony cases, the judge imposes the sentence on a different day, usually weeks after the entry of plea.18

Judge's gavel on his desk as the judge is about to agree to a plea agreement
Defendants pleading to a felony in Nevada must be present in court to enter the plea.

19) Do I have to be present to enter a plea?

It depends on two factors:

  1. Whether the charges are for a misdemeanor or a felony, and
  2. Whether the plea deal includes a period of incarceration or a “suspended jail sentence” (which is where the judge can impose jail if you fail to complete the other sentencing terms of the plea agreement)

In Nevada misdemeanor cases where the resolution involves no jail time or a suspended jail sentence, your defense attorney can appear in court without you present and enter the plea on your behalf.

In Nevada misdemeanor cases involving jail time or a suspended jail sentence, the judge typically prefers your presence to enter the plea. However, if you live out of state, the judge may accept a “written entry of plea” in lieu of your presence:  A written entry of plea is a notarized document that you sign acknowledging that you understand the terms of the plea deal.

In Nevada felony cases, you are required to be present for the entry of plea even if the sentence involves no prison time.19

20) Are there some charges that cannot be resolved through a plea?

No. Potentially, every Nevada criminal case can be resolved by negotiation, even murder. However, both you and the prosecution, as well as the judge, have to agree to the negotiation in order to avoid trial.20

21) What if I break the terms?

Every Nevada plea bargain agreement outlines the consequences for violating its terms. Depending on the case, violating a plea bargain agreement can result in

  • fines,
  • more sentencing terms, or
  • incarceration.

If the plea bargain included a suspended jail sentence, the judge has discretion to impose that sentence as punishment for failure to comply with its terms. Though if you have a good excuse for violating the terms of the plea bargain, the judge may give you a pass.21

22) Can I withdraw a plea?

If you regret entering a plea, you can always try to withdraw your plea by filing a motion to withdraw the plea. However, the success rate for taking back a plea is very low in Nevada.

The most effective arguments for having a plea withdrawn include:

  • You had ineffective assistance of legal counsel.
  • You did not make the plea knowingly, voluntarily, and intelligently.
  • You were not informed that probation may be unavailable.

If you entered a plea but have not yet been sentenced, you have a greater chance of withdrawing a plea than you would if the judge had already sentenced you. Judges will not withdraw a plea just because you are dissatisfied with your sentence: By taking the plea in the first place, you assume the risk of the judge imposing an unfavorable sentence.22

23) Can non-citizens take plea bargains?

Anyone charged with a crime in Nevada can resolve the case without a trial. For immigrants and non-citizens who are charged with deportable offenses, it is critical that they come to a resolution that does not put them at risk of being thrown out of the country.

Example: Pablo is a legal resident in Nevada in the process of applying for full citizenship. Las Vegas police arrest Pablo for child abuse, which is a crime of moral turpitude and can therefore get him deported from the U.S. Pablo does not want to go to trial, so his defense attorney tries to work out a plea bargain with the district attorney. The D.A. concedes there may be insufficient evidence to sustain a conviction for child abuse, but he is unwilling to dismiss the case outright. So instead the D.A. offers to reduce the charge to disorderly conduct.

If Pablo agrees to the D.A.’s offer in the above example, Pablo will not risk deportation because disorderly conduct is not a deportable offense.23

Jury listening to evidence in a case after plea negotiations have failed
Everyone charged with a Nevada crime that carries more than 6 months in jail has a right to a jury trial. Otherwise, you have the right to a bench trial.

24) Am I ever required to take a plea?

No. You are never required to resolve a Nevada case without a trial. Every person charged with a crime in Nevada has the right to a trial. You can even have a civil infraction hearing for minor traffic tickets.24

25) What are some common plea bargains?

Below are some typical plea resolutions in Nevada for first-time offense charges of

  • petit larceny,
  • battery domestic violence, and
  • personal drug possession.

Plea terms for first-time petit larceny (stealing less than $1,200 worth of property):

  • $250; and
  • Petit larceny class; and
  • You may not get any further arrests or citations while the case is open

Upon successful completion of these terms, the judge will dismiss the case, resulting in no conviction. If you do not complete the terms, you will be convicted of petty larceny.

Note that the maximum penalties for a petty larceny conviction are 6 months in jail and/or $1,000 in fines. Learn more in our article on petit larceny.

Plea terms for first-time misdemeanor battery domestic violence:

  • 2 days of jail (you usually get credit for the time you served following the arrest); and
  • 48 to 120 hours of community service; and
  • Up to $1,000 in fines; and
  • 6 months of weekly counseling; and
  • You may not get any further arrests or citations while the case is open

Upon successful completion of these terms, the judge will close the case. Although you will have a conviction for battery domestic violence, you can petition the court to seal the record once seven years pass after the case is closed. Learn more about sealing criminal records in Nevada.

Note that the maximum penalties for a battery domestic violence conviction are 6 months in jail and/or $1,000 in fines. For more information, see our article on battery domestic violence.

Plea terms for first-time felony possession of drugs for personal use:

  • A drug education class or a rehab program; and
  • Fines; and
  • 1 year suspended sentence in Nevada State Prison; and
  • You may not get any further arrests or citations while the case is open

Upon successful completion of these terms, the judge will dismiss the case so there is no conviction. If you do not complete the terms, you will get convicted of felony drug possession and may have to serve up to 1 year in custody. For more information, see our article on possession of drugs for personal use.25

Defense attorney on the phone with a prosecutor discussing a plea deal
Plea negotiations can take place in person, by email, or by phone.

Additional Reading

For more in-depth information about plea bargains, refer to these scholarly articles:

Legal References:

  1. NRS 175.011. NRS 174.061. NRS 174.035. Sweat v. Eighth Judicial Dist. Court (2017) 133 Nev. 602.
  2. Same. NRS 176.033.
  3. Same. NRS 176.165. Stevenson v. State (2015) 131 Nev. 598.
  4. NRS 174.235. NRS 175.201. NRS 174.061.
  5. Nevada Rules of Professional Conduct (RPC) 1.4. NRS 174.061. NRS 174.235.
  6. NRS 171.196. NRS 174.031. NRS 174.035.
  7. NRS 4.370. NRS 171.196. NRS 174.235.
  8. NRS 176.033. NRS 176.015.
  9. See Machlan v. State (Nev.App. 2025) No. 87103-COA.
  10. NRS 175.531. NRS 176.515. NRS 177.015.
  11. NRS 174.031. NRS 176A.260. NRS 176.105.
  12. NRS 193.130. NRS 193.150. NRS 484C.400.
  13. NRS 453.321. NRS 200.485. NRS 200.830. NRS 200.840. NRS 205.060. NRS 205.067. NRS 205.270. NRS 484C.420; NRS 484C.430; NRS 453.322; NRS 484C.440; NRS 484C.470; NRS 201.300. NRS 193.165. NRS 193.166. NRS 193.168.
  14. NRS 174.035.
  15. NRS 174.061. NRS 252.110. NRS 484C.420.
  16. NRS 174.035.
  17. NRS 174.035. NRS 174.063. NRS 176A.500.
  18. NRS 176.015. NRS 176.135.
  19. NRS 178.388.
  20. NRS 174.065. NRS 174.035. See Sanchez v. State (Nev. 2024) 561 P.3d 35.
  21. NRS 176A.630.
  22. NRS 176.165. Sunseri v. State (Nev. 2021) 495 P.3d 127.
  23. NRS 174.035. Padilla v. Kentucky (2010) 559 U.S. 356. NRS 174.063
  24. NRS 174.035. NRS 175.011. NRS 484A.7041. AB 116 (2021).
  25. NRS 205.240. NRS 200.485. NRS 179.245. NRS 453.3363.

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