When a defendant has been sentenced to probation, a number of terms and conditions are traditionally imposed upon the defendant. All must be complied with. If a defendant fails to follow the terms of probation, consequences may be imposed. However, there is a process that must take place before a probationer faces consequences. As N.R.S. 176A.580 through N.R.S. 176A.610 explain, there must be an inquiry into an alleged violation before the alleged violation is considered by the court, except in situations where a probationer has broken the law.
Although an inquiring officer evaluates the possibility of a probation violation before the court considers the assessed violation, at some point, the probationer does have to go to court if the inquiring officer finds probable cause that a probation violation has occurred. There are rules under Nevada law for how this court processes occurs. Understanding these rules is important for anyone who is on probation and who has been accused of violating any of the terms and conditions of probation.
A probationer accused of violating probation terms has the right to confront his accuser, defend himself, and have a legal representative. Nevada criminal lawyers can provide assistance to those who have been accused of wrongdoing. Contact us today to speak with a Las Vegas defense lawyer who can provide the necessary assistance with responding to accusations of a violation of probation.
Nevada Revised Statute section 176A.630 provides information on having a probation violation case assigned; on how a court should consider an alleged violation; and on the possible consequences associated with a finding that a violation has occurred.
According to the relevant law, the court that granted the probation could assign a probation violation case to another district court if the probationer is arrested, with or without a warrant, in a judicial district in Nevada which is different from the one where he was granted probation. The court who is being assigned the case has to agree. This court is said to have assumed jurisdiction.
The court with jurisdiction (either the original court which ordered probation or the court that the case was assigned to) will require the defendant to come to court. The court will evaluate the defendant under standards established by N.R.S. 213.10988, which are standards the Chief Parole and Probation officer adopts to guide in making recommendations on parole and probation. The court should also consider the recommendation of the Chief of Parole and Probation officer.
If the court determines the probationer violated a condition of probation, the court can require that the probationer make restitution for any necessary expenses which any governmental entity incurred in bringing the probationer to court to answer for the probation violation. The court will also determine what the appropriate outcome is in light of the probation violation. This could include continuing the probation, or revoking the probation or suspended sentence. The court could also order residential confinement, a program of regimented discipline, or execution of the defendant’s sentence.
In some cases, the court will determine that modification of the original sentence is appropriate. The court could modify the original sentence by reducing the length of imprisonment and ordering the defendant to serve the new sentence. However, the court cannot make the period of imprisonment less than the minimum term of imprisonment which is recommended by the statute under which the defendant was prosecuted.
If the Chief Parole and Probationer Officer recommends that a probationer’s sentence be modified and the modified sentence be carried out, the Officer should provide notice of the recommendation to the victim if the victim provided an address and requested notification. The victim of the crime should be given the opportunity to submit documents to the court and to be present at a hearing in which a determination is made on whether to modify probation.
Nevada law sets forth the details on consequences of probation violations in N.R.S. 176A.634. This statute also details the forfeiture of credits for good behavior, and provides information on when those credits may potentially be restored.
According to the relevant statute, if a court decides that a probationer violated a probation condition, the probation will forfeit all or part of any credits for good behavior which had been earned during probation. It is at the court’s discretion to determine whether or not a probationer should lose his credits. Forfeiture may occur only after the probationer has been given notice and provided proof of the violation. The court can also restore credits as it sees fit to do.
Nevada Revised Statute section 176A.640 establishes the rules for the payment of expenses associated with returning a probationer to court. Any charges which are incurred in returning an arrested probationer to the court are considered a charge against the State. The costs must be paid by the Division of Parole and Probation. If the money made available for this purpose is exhausted, money should be allocated to the Division by the State Board of Examiners to pay necessary expenses associated with the return of a probationer.
When you must go to court because you are accused of violating probation, it is very helpful for you to know exactly what to expect. You need to understand what your rights and obligations are and how to try to avoid serious consequences which can arise as a direct result of an accusation that your probation has been violated.
LV Criminal Defense can provide invaluable assistance in taking action to try to defend yourself from a claim that you violated your probation. We are here to provide you with help during an initial inquiry to determine if there is probable cause for court proceedings or not, and we are here to assist you in defending yourself in court.
Give us a call today to speak with a Las Vegas defense lawyer who can provide you with the help you need.