In the state of Nevada, defendants who engage in certain unlawful behaviors, such as writing bad checks, can face serious legal consequences as a result of their actions. For example, defendants could be charged with a crime, could be prosecuted, could be sent to jail, and could be left with a permanent criminal record.
However, there are also some circumstances in which people can avoid prosecution by taking part in diversion or restitution programs. When possible, these programs can provide you with a far better outcome if you are accused of wrongdoing.
LV Criminal Defense can offer insight into whether you might be eligible to participate in a program to avoid prosecution for a property crime, such as a program for restitution. If it may be possible for you to avoid a criminal record by taking part in such a program, we can provide the help and support that you need to maximize your chances of getting approved to enter into the program. You should call our Vegas defense attorneys as soon as possible to learn more about the help that we can offer.
Nevada defines different types of property offenses in Title 15, which is the state’s penal code establishing the rules for crimes and for punishments. Title 15 is divided into different chapters based on the kind of offense committed. Property crimes are found in Chapter 205.
Many property crimes result in victims suffering monetary or other damage because of theft, destruction, or other damage to their property. As a result, it is common for defendants who are accused of violations of Chapter 205 to be required to make restitution to victims for the losses that they have caused to endure.
There are also laws within Chapter 205 that give some defendants the right to make restitution and complete specific programs in exchange for avoiding prosecution or other more serious criminal penalties. In fact, there is an entire subsection of Chapter 205 that establishes programs for restitution for those who have written bad checks, provides details about the program and establishes which offenders are eligible.
The subsection of Chapter 205 that deals with programs for restitution by certain persons include six different statutes. These include:
– Nevada Revised Statute section 205.466 – Creation and operation of the program; acceptance of person in the program: This statute stipulates that a district attorney can create a program for restitution for persons referred by a law enforcement officer. The district attorney can adopt standards indicating the minimum requirements for investigation for a person to be referred to the DA for inclusion in the program, and the DA can establish standards to determine who should be included. Factors to consider include the person’s prior criminal record, the amount of the bad check written by the referred person, and past violations.
–Nevada Revised Statute Section 205.467 – Notice to persons accepted into the program. This statute specifies that when a person is accepted to the program for restitution, he or she should be sent notification by registered mail detailing the bad check, the name of the payee, the date when the referred person needs to contact the program representative, and demand for restitution.
– Nevada Revised Statute section 205.468 – Actions required of persons accepted into the program. According to this statute, those accepted into the program for restitution must voluntarily agree to participate and must contact the designated program representative about the bad check or draft prior to the date required in the notification that the defendant receives.
– Nevada Revised Statute Section 205.469 – Agreement to suspend prosecution of person accepted into the program: Entry; conditions; completion. This statute stipulates that the DA can enter into an agreement with a person who has been accepted into the program for restitution to suspend prosecution for a designated period of time up to six months, pending completion of a required class, payment of the class fee, and full restitution to the alleged victim.
– Nevada Revised Statute section 205.471 – Collection of fee from the offender; amount and disposition of fee. This statute establishes the rules for setting fees to be collected from defendants who are participating in the restitution program. The amount of the fee cannot exceed $25 when the bad check was for $100 or less, $50 if the bad check was for $100 to $300, $75 if the bad check was for $300 to $1,000 or $150 if the bad check was for $1,000 to $2,500 If the bad check was for between $2,500 and $10,000, the maximum fee is $500 and if the bad check was greater than $10,000, then the maximum fee is the greater of 10% of the face amount of the check or $10,000.
– Nevada Revised Statute Section 205.472 – Statements by a person referred to or participating in program inadmissible in civil and criminal proceedings. This statute specifies that no statement made by a person participating in a program for restitution is admissible in criminal or civil actions or proceedings.
The purposes of the program for restitution include allowing defendants to avoid prosecution, ensuring that those defrauded by bad checks are recompensed, and sparing prosecutors from having to prosecute cases where defendants have written bad checks.
If you may be interested in participating in a program for restitution, you should talk with a Vegas defense attorney about whether you might be eligible for such a program given the type of property crime you have been accused of as well as other factors including your past criminal record.