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Defendants convicted of a criminal offense within the state of Nevada may be given a term of probation. When a defendant is sentenced to probation, the court can impose both requirements and restrictions that the probationer must comply with for a designated period of time. A failure on the part of the probationer to comply with any of the guidelines could result in the probationer facing serious consequences within the criminal justice system. sentenced to probation, the court can impose both requirements and restrictions that the probationer must comply with for a designated period of time. A failure on the part of the probationer to comply with any of the guidelines could result in the probationer facing serious consequences within the criminal justice system.
A Las Vegas defense attorney can provide representation to defendants to try to help them avoid conviction so they do not have to submit to all of the requirements of probation, which can be burdensome and intrusive. An attorney can also provide assistance arguing for probation instead of incarceration after a defendant has been found guilty or pleaded guilty. If a defendant is on probation and needs help complying, or has been accused of a probation violation, an attorney can also provide assistance in this type of situation.
Our criminal attorneys understand all of the Nevada rules of probation, including requirements in place regarding testing to determine if a defendant is using a controlled substance or not. Call us today to speak with a member of our legal team to get assistance with all aspects of probation. We will be there for you during the entirety of your involvement with the criminal justice system, so reach out today to learn what we can do for you.
According to the laws of Nevada, the court can require a probationer to refrain from using any type of controlled substances. It is common for the court to impose this requirement in situations where a defendant has been arrested for a crime related to drug or alcohol use. However, the court can make it a condition of probation to refrain from controlled substance use for any defendant convicted of either a felony or a gross misdemeanor.
If the court mandates that a defendant avoid the use of controlled substances, there must be a mechanism by which this requirement can be enforced. Nevada Revised Statute section 176A.420 provides details on the use of tests to determine if a defendant in Nevada has used a controlled substance. According to the relevant statute, the court can require a defendant to submit to tests to determine if he has used a controlled substance when the circumstances warrant such testing, after a conviction for either a gross misdemeanor or felony.
If the court has imposed a requirement that the defendant submit to this type of testing, the failure or refusal to submit to a required test would be grounds for probation being revoked. The costs of the test have to be paid for from appropriations to the Division of Parole and Probation.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
If you are required to refrain from the use of controlled substances as a condition of your probation, you must be aware that either refusing to take a chemical test or failing the test can both be grounds for your probation to terminate. This means if you don’t submit to testing as required or if you submit but your test reveals drugs in your system, there is a possibility you will face jail time or other substantial penalties.
LV Criminal Defense provides invaluable assistance in trying to fight conviction, or trying to secure probation as an alternative to being incarcerated for a criminal act. Our goal is to help you minimize or avoid penalties and have as little involvement with the criminal justice system as possible.
To find out more about the ways in which our Las Vegas criminal defense lawyers can assist you in when you are accused of a crime or are on probation, give us a call or contact us online today.
Probation and Suspension of Sentence