Modifying a Criminal Sentence in Nevada
There are three ways to attempt to modify a sentence for criminal cases in Nevada:
Motion to modify the sentence;
Nevada appeal of the sentence;
Nevada petition for writ of habeas corpus.
A Motion to Modify the Sentence
A defendant, or a defendant’s attorney, can motion to modify their sentence for several reasons especially if the cost imposed illegal or unreasonable punishment. Some reasons include:
An error was made in the sentence and needs to be corrected;
The defendant has assisted in another criminal case by cooperating with prosecutors to provide information or testimony;
Other factors can be applied, such as a sentence reduction based on the offender’s age, terminal illness, or changes in state sentencing guidelines;
The penalties are too ambiguous.
An Appeal of the Sentence
A defendant convicted at trial may appeal, or his/her attorney may appeal, to a higher court, arguing that the sentence was excessive. There are a few things that can happen if you appeal your case:
The court can leave the conviction the way it is ("affirming the conviction")
The court can remanded the case back to the trial court for additional proceedings
The court can reverse the conviction and remand back to the trial court for a new trial
Writ of Habeas Corpus
A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he or she should be released from custody. Literally translated, a writ of habeas corpus is a court order to "produce the body," and is generally filed by those in prison, though they are also filed by those who have been held in contempt of court by a judge and either imprisoned or threatened with imprisonment. Here are a few reasons why a habeas corpus petition could be filed:
The court exceeded its jurisdiction;
The sentencing is void due to defective legal practice or illegality;
The judge can reverse the conviction and remand back to the trial court for a new trial; etc.
These processes are complicated. When making complex decisions like these, selecting the correct attorney is of the utmost importance, contact Sgro & Roger for a free consultation. 702.384.9800.