Attorney’s Fees When Representing Certain Victims

NRS 217.140 – Overview of Recoverable Attorney’s Fees When Representing Certain Victims of Crime in Nevada

When a victim of There are cases where a person may be required by their legal attorney to pay more than the agreed-upon fees if the court issues the person with money as compensation. It is against the law for any given attorney to require a person to pay more than the agreed-upon amount or legal fees.

Provisions of NRS 217.140 on Attorney’s Fees

According to NRS 217.140, as per any order entered, the hearing officer may allow a maximum of 10 percent of the court’s award to the attorney.

The law terms it unlawful for any attorney to request or receive any amount more than the allowed amount.

Victim Award and Compensation: What is restitution under Nevada law?

Restitution applies in appropriate cases, a condition that the parolee makes a refund to the person or people mentioned in the statement of parole conditions. This may include a refund to a government entity for expenses associated with arrest, as specified in the statement. Restitution may be lifted by the Board if the Board finds it impossible.

According to NRS 176.033, the court sets the restitution amount. The Board shall in appropriate cases add as a condition of parole that the person completes an assignment of the wages earned while on parole to the Division for restitution.

Payments to Persons to whom Restitution is Ordered

Not more than 5 days after the Board fixes a date for parole meeting, victims of the crime committed by the prisoner are notified of the parole eligibility and application by the prisoner according to section 4. The Board also notifies the victims of their rights. If the victim’s address is not provided, the Board shall not be held responsible for notification not being received.

Upon receiving restitution money, the Division shall make well-advised payments to each person to whom restitution was ordered under NRS 176.033. These payments must be made not less than one time every fiscal year. Money received from the parolee that remains at the close of each financial year must at that time be paid timely to persons ordered for restitution. Complete restitution must be made to the persons ordered once the parolee completes the restitution amount owed.

According to NRS 176.033, persons to whom restitution is ordered may at any given time file application with the Division requesting proportional payment from the restitution money received from the parolee. The Board then decides to make proportional payment to the applicant if the person is found to be having serious financial hardship.

If the Division cannot manage to locate the person to whom the restitution is ordered within 3 years of the release of the parolee, the money paid as restitution must be deposited with the State Treasurer. The money may then be used to compensate victims of crime.

All payments from the Restitution Trust Fund shall be issued as other claims against the State

Failure to comply with the restitution

Failing to comply with a restitution condition imposed by the Board is a violation of condition for parole, following NRS 213.126.

1. 1. The failure to comply may be excused not as a violation of condition for parole if the parolee’s failure to comply was due to the economic incapacity of him or her to pay the required amount.