Probation Violation

Probation Violation Lawyers in Nevada

Probation is an alternative to a jail sentence. It is often offered to non-violent or first-time offenders. Probation violations are serious crimes because they mean going to jail for the original sentence and maybe more.

If you violate the terms of your probation and find yourself in a probation violation hearing, hire a Las Vegas probation violation attorney the first chance you get to represent you.

What is probation in Nevada? What is parole?

Probation is usually a three to five year period of time that a person convicted of a crime serves outside of prison.

If the probationer follows the terms of probation during that time, the case will close without any time in jail. During the probation period, the prison term is considered “suspended.”

Probation is not available for certain crimes, including:

• Murder;
• Sexual assault;
• First degree kidnapping;
• A conviction for being a habitual offender.

Parole is an early release from prison for a person who has already started to serve a jail sentence.

What rights are lost during probation?

Many rights can be forfeited during probation, such as the ability to leave the jurisdiction. More importantly, rights to own a weapon and vote are forfeited during probation.

What are common probation terms in Nevada?

At the sentencing stage of a criminal case, the judge will determine what the conditions of probation will be. These can include:

• Meeting with a probation officer, in person and by phone, on a regular basis;
• Drug testing;
• A ban on owning weapons;
• Staying out of legal trouble for the duration of probation;
• Agreeing not to leave the jurisdiction without prior permission;
• Not contacting the victim of your crime; and
• Agreeing to be subject to a search of your person, property, home, or vehicle at any time.

Depending on the facts of the case, the judge may also make other requirements on a probationer.

How can Nevada probation be violated?

Failing to meet any of the requirements of probation set by the judge is a violation of probation. For example, leaving the jurisdiction when you have been ordered to stay is a violation that can result in punishment.

There is a common misunderstanding that committing a crime is the only way to violate probation, but this is not true.

Any failure, however slight, is a violation, and the court will determine an appropriate sentence in court.

Things to know about working with a probation officer

Probation officers are very overworked; they have many probationers to meet with on a regular basis and lots of paperwork to complete.

Complying with the terms of your probation is your responsibility. It is in your best interest to keep records of your meetings with the probation officer and other activities you do to meet the requirements of probation. In the event your probation officer misses something, your records can help you avoid going to jail.

Probation Violation Consequences in Nevada

Complying with the terms of probation earns a probationer credits for good behavior. If the terms of probation are violated, those credits can be completely or partially forfeited.

Depending on the violation, the court can also require the probationer to go to prison and complete the original sentence imposed after the conviction.

Probation Revocation Hearing in Nevada: Dishonorable Discharge

Probation revocation hearings are similar to a bench trial, which occurs in front of a judge and without a jury. The judge will consider the evidence to determine whether you have violated probation. Unlike the criminal trial, the prosecutor does not need to prove that you violated parole beyond a reasonable doubt. Instead, he or she only has to show that it is more likely than not that you violate probation (the preponderance of the evidence standard).

If you win at the probation hearing, you can carry on with probation as you did before. Otherwise, the judge may modify the terms of your probation to include more requirements or can even send you to jail if the violation is serious enough.

Early Release from Probation

If a probationer complies with all terms of probation in a Nevada criminal case and does not commit any violations, he or she may be eligible for early release from probation, especially for people with clean criminal records prior to the current case.

Parole and Probation Resources

Nevada DPS Parole and Probation
215 E. Bonanza
Las Vegas, NV 89101
Phone: (702) 486-3001

Nevada Board of Parole Commissionners
4000 S. Eastern Avenue, Suite 130
Las Vegas, NV 89119
Phone: (702) 486-4370

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