What Are the Sentencing Guidelines in Nevada?

Full question:

I am involved in a serious crimanal matter and being charged with child neglect causing death. I have noticed that my atty. whom I paid a hefty 50 thousand dollar retainer to will not cover any charges if we go to trial just for pre-trail matters and plea negotiation only. He has not gotten any of the medical tests results and or medical paper work directly from the labs or hospital or other places supplying it but solely from the DA's office. Is this a normal practice?? I also have noticed on a few of the pages you can tell a piece of paper was put over the paper being copied to cover up further information on the results so how do I go about getting the lab results and all the other stuff I need without going thru DA's office what is the normal way to get said information? Does it have to be subpoenaed or as her mother can I just request it even if the test were done by or for the police department? Also my atty is pushing for me to take a plea agreement of 6-18 years and in the plea its self it states the MAX sentence as 2-20 we in Nevada have min - max term sentencing, my question if it says the MAX is 2-20 does that mean that the bottom number years that if found guilty that the judge can sentence me to is 2 or can he sentence me to any amount in between like say 8-20 as I am being told? My question in max and min term sentencing if the max for a charge reads 2-20 is the max that I can be charged 2-20 or can the judge say give me 8-20 or 15-20. How does the sentencing work on the guidelines like that?

• Category: Criminal
• Subcategory: Sentences
• Date: 04/07/2025
• State: Nevada

Answer:

Yes, it is normal practice for the DA to supply the evidence it intends its experts to rely on, such as medical records, to the defendant's attorney. The medical records may also be subpoenaed directly from the labs, but only a court officer, such as an attorney, may subpoena such records. If the sentencing guideines for a crime in Nevada are 2-20 years, the judge may sentence you to a term in between those numbers, but may not sentence you to less than 2 years or more than 20.

Please see the following NV statutes:

NRS 174.235 Disclosure by prosecuting attorney of evidence relating to
prosecution; limitations.

1. Except as otherwise provided in NRS 174.233 to 174.295, inclusive, at
the request of a defendant, the prosecuting attorney shall permit the
defendant to inspect and to copy or photograph any:

(a) Written or recorded statements or confessions made by the defendant,
or any written or recorded statements made by a witness the prosecuting
attorney intends to call during the case in chief of the State, or copies
thereof, within the possession, custody or control of the State, the
existence of which is known, or by the exercise of due diligence may become
known, to the prosecuting attorney;

(b) Results or reports of physical or mental examinations, scientific
tests or scientific experiments made in connection with the particular
case, or copies thereof, within the possession, custody or control of the
State, the existence of which is known, or by the exercise of due diligence
may become known, to the prosecuting attorney; and

(c) Books, papers, documents, tangible objects, or copies thereof, which
the prosecuting attorney intends to introduce during the case in chief of
the State and which are within the possession, custody or control of the
State, the existence of which is known, or by the exercise of due diligence
may become known, to the prosecuting attorney.

2. The defendant is not entitled, pursuant to the provisions of this
section, to the discovery or inspection of:

(a) An internal report, document or memorandum that is prepared by or on
behalf of the prosecuting attorney in connection with the investigation or
prosecution of the case.

(b) A statement, report, book, paper, document, tangible object or any
other type of item or information that is privileged or protected from
disclosure or inspection pursuant to the Constitution or laws of this state
or the Constitution of the United States.

3. The provisions of this section are not intended to affect any
obligation placed upon the prosecuting attorney by the Constitution of this
state or the Constitution of the United States to disclose exculpatory
evidence to the defendant.

NRS 174.234 Reciprocal disclosure of lists of witnesses and information
relating to expert testimony; continuing duty to disclose; protective
orders; sanctions.

1. Except as otherwise provided in this section, not less than 5 judicial
days before trial or at such other time as the court directs:

(a) If the defendant will be tried for one or more offenses that are
punishable as a gross misdemeanor or felony:

(1) The defendant shall file and serve upon the prosecuting attorney a
written notice containing the names and last known addresses of all
witnesses the defendant intends to call during the case in chief of the
defendant; and

(2) The prosecuting attorney shall file and serve upon the defendant a
written notice containing the names and last known addresses of all
witnesses the prosecuting attorney intends to call during the case in chief
of the State.

(b) If the defendant will not be tried for any offenses that are
punishable as a gross misdemeanor or felony:

(1) The defendant shall file and serve upon the prosecuting attorney a
written notice containing the name and last known address of any witness
the defendant intends to call during the case in chief of the defendant
whose name and last known address have not otherwise been provided to the
prosecuting attorney pursuant to NRS 174.245; and

(2) The prosecuting attorney shall file and serve upon the defendant a
written notice containing the name and last known address or place of
employment of any witness the prosecuting attorney intends to call during
the case in chief of the State whose name and last known address or place
of employment have not otherwise been provided to the defendant pursuant to
NRS 171.1965 or 174.235.

2. If the defendant will be tried for one or more offenses that are
punishable as a gross misdemeanor or felony and a witness that a party
intends to call during the case in chief of the State or during the case in
chief of the defendant is expected to offer testimony as an expert witness,
the party who intends to call that witness shall file and serve upon the
opposing party, not less than 21 days before trial or at such other time as
the court directs, a written notice containing:

(a) A brief statement regarding the subject matter on which the expert
witness is expected to testify and the substance of his testimony;

(b) A copy of the curriculum vitae of the expert witness; and

(c) A copy of all reports made by or at the direction of the expert
witness.

3. After complying with the provisions of subsections 1 and 2, each party
has a continuing duty to file and serve upon the opposing party:

(a) Written notice of the names and last known addresses of any
additional witnesses that the party intends to call during the case in
chief of the State or during the case in chief of the defendant. A party
shall file and serve written notice pursuant to this paragraph as soon as
practicable after the party determines that he intends to call an
additional witness during the case in chief of the State or during the case
in chief of the defendant. The court shall prohibit an additional witness
from testifying if the court determines that the party acted in bad faith
by not including the witness on the written notice required pursuant to
subsection 1.

(b) Any information relating to an expert witness that is required to be
disclosed pursuant to subsection 2. A party shall provide information
pursuant to this paragraph as soon as practicable after the party obtains
that information. The court shall prohibit the party from introducing that
information in evidence or shall prohibit the expert witness from
testifying if the court determines that the party acted in bad faith by not
timely disclosing that information pursuant to subsection 2.

4. Each party has a continuing duty to file and serve upon the opposing
party any change in the last known address, or, if applicable, last known
place of employment, of any witness that the party intends to call during
the case in chief of the State or during the case in chief of the defendant
as soon as practicable after the party obtains that information.

5. Upon a motion by either party or the witness, the court shall prohibit
disclosure to the other party of the address of the witness if the court
determines that disclosure of the address would create a substantial threat
to the witness of bodily harm, intimidation, coercion or harassment. If the
court prohibits disclosure of an address pursuant to this subsection, the
court shall, upon the request of a party, provide the party or his attorney
or agent with an opportunity to interview the witness in an environment
that provides for protection of the witness.

6. In addition to the sanctions and protective orders otherwise provided
in subsections 3 and 5, the court may upon the request of a party:

(a) Order that disclosure pursuant to this section be denied, restricted
or deferred pursuant to the provisions of NRS 174.275; or

(b) Impose sanctions pursuant to subsection 2 of NRS 174.295 for the
failure to comply with the provisions of this section.

7. A party is not entitled, pursuant to the provisions of this section,
to the disclosure of the name or address of a witness or any other type of
item or information that is privileged or protected from disclosure or
inspection pursuant to the Constitution or laws of this state or the
Constitution of the United States.

NRS 174.335 Subpoena for production of documentary evidence and of objects.

1. Except as otherwise provided in NRS 172.139, a subpoena may also
command the person to whom it is directed to produce the books, papers,
documents or other objects designated therein.

2. The court on motion made promptly may quash or modify the subpoena if
compliance would be unreasonable or oppressive.

3. The court may direct that books, papers, documents or objects
designated in the subpoena be produced before the court at a time before
the trial or before the time when they are to be offered in evidence and
may, upon their production, permit the books, papers, documents or objects
or portions thereof to be inspected by the parties and their attorneys.

NRS 176.033 Sentence of imprisonment required or permitted by statute:
Definite period for misdemeanor or gross misdemeanor; minimum and maximum
term for felony unless definite term required by statute; restitution;
modification of sentence.

1. If a sentence of imprisonment is required or permitted by statute, the
court shall:

(a) If sentencing a person who has been found guilty of a misdemeanor or
a gross misdemeanor, sentence the person to imprisonment for a definite
period of time within the maximum limit or the minimum and maximum limits
prescribed by the applicable statute, taking due account of the gravity of
the particular offense and of the character of the individual defendant.

(b) If sentencing a person who has been found guilty of a felony,
sentence the person to a minimum term and a maximum term of imprisonment,
unless a definite term of imprisonment is required by statute.

(c) If restitution is appropriate, set an amount of restitution for each
victim of the offense and for expenses related to extradition in accordance
with NRS 179.225.

2. At any time after a prisoner has been released on parole and has
served one-half of the period of his parole, or 10 consecutive years on
parole in the case of a prisoner sentenced to life imprisonment, the State
Board of Parole Commissioners, upon the recommendation of the division, may
petition the court of original jurisdiction requesting a modification of
sentence. The Board shall give notice of the petition and hearing thereon
to the Attorney General or district attorney who had jurisdiction in the
original proceedings. Upon hearing the recommendation of the State Board of
Parole Commissioners and good cause appearing, the court may modify the
original sentence by reducing the maximum term of imprisonment but shall
not make the term less than the minimum term prescribed by the applicable
penal statute.