Nevada Revised Statutes sections 209.432 to 209.451 provide a variety of ways for incarcerated offenders to receive credit toward their terms of imprisonment for “good behavior” and things like diligence in labor and study, achieving educational credits, exceptional meritorious service, or participation in treatment programs, among other things. Offenders are limited in the amount of credit they can receive toward their sentence, and their credits are subject to forfeiture in certain circumstances. In certain situations, forfeited credits can be restored.
Nev. Rev. Stat. § 209.451 governs the forfeiture and restoration of credits toward terms of imprisonment. Credits can be forfeited in the following situations:
(d) In a civil action, in state or federal court, is found by the court to have presented a pleading, written motion or other document in writing to the court which:
(1) Contains a claim or defense that is included for an improper purpose, including, without limitation, for the purpose of harassing the offender’s opponent, causing unnecessary delay in the litigation or increasing the cost of the litigation;
(2) Contains a claim, defense or other argument which is not warranted by existing law or by a reasonable argument for a change in existing law or a change in the interpretation of existing law; or
(3) Contains allegations or information presented as fact for which evidentiary support is not available or is not likely to be discovered after further investigation,
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4. The Department may sanction, pursuant to subsection 5, an offender:
(a) Who refuses or fails to submit to a test;
(b) Whose test detects alcohol or a controlled substance;
(c) Who manufactures, possesses, uses, sells, supplies, provides, distributes, conceals or stores alcohol or a controlled substance; or
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(d) Who attempts to manufacture, possess, use, sell, supply, provide, distribute, conceal or store alcohol or a controlled substance.
If an offender is found to have committed one of these infractions, the offender forfeits all deductions of time earned before commission of the offense or act, or forfeits such part of those deductions as the Director considers just. The Director may only forfeit an offender’s credits toward the offender’s term of imprisonment if there is proof that an act prohibited by Nev. Rev. Stat. § 209.451 was committed and after providing notice to the offender. Once the Director makes a decision to forfeit an offender’s credits, the decision is final.
If the Director considers it proper, the Director may later restore credits that were previously forfeited.
If you or a family member has been charged with a crime in or around Las Vegas, you need to be proactive in protecting your rights. You can accomplish this by retaining the services of a skilled and experienced Las Vegas criminal defense attorney. You should also make sure your case is handled by a seasoned lawyer who exclusively deals with criminal cases in Las Vegas, Nevada. Take action today by contacting LV Criminal Defense. Our legal team is fully capable of representing clients in the smallest misdemeanor cases and the most serious felony cases. Call 702-623-6362 or fill out a quick contact form here.