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.
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:
Parole is an early release from prison for a person who has already started to serve a jail sentence.
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.
At the sentencing stage of a criminal case, the judge will determine what the conditions of probation will be. These can include:
Depending on the facts of the case, the judge may also make other requirements on a probationer.
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.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
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 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.
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.
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
Probation is an important alternative to incarceration. Spending time in jail is viewed negatively in society, while probation may be viewed more favorably because it is associated with good behavior.
If you receive a summons for a probation revocation hearing, you should hire experienced criminal defense counsel from our office in Las Vegas as soon as possible. This hearing is a mini-trial- witnesses can testify and be cross-examined and other evidence may be presented.
A criminal lawyer is in the best position to get you a favorable outcome in your probation revocation hearing to avoid further jail time or more serious restrictions on your life during the rest of your probation period. Contact us 24/7 to discuss your case.