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:
- State: Nevada
Answer:
It is common for the District Attorney (DA) to provide evidence, such as medical records, to the defendant's attorney. Your attorney may obtain these records from the DA's office, but you can also request them directly from the labs or hospitals. However, only a court officer, like an attorney, can issue a subpoena for these records. As the mother, you may be able to request the information, but it depends on the circumstances and whether the tests were conducted for law enforcement.
Regarding the plea agreement, if the plea states a maximum sentence of two to twenty years, the judge can impose a sentence within that range, including any amount in between. For example, the judge could sentence you to eight to twenty years, but not less than two years or more than twenty years. In Nevada, the court must adhere to the minimum and maximum limits set by law (NRS 176.033).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.