It is common for defendants in the state of Nevada to be ordered to complete a term of probation or parole. These periods involve a defendant being subject to supervision and often required to comply with certain requirements such as completing community service or staying sober. Probation can be a preferable option compared with prison, and a Las Vegas defense lawyer can assist defendants both in arguing for probation to be imposed as a penalty and in understanding what is required to complete their probation.
At the close of probation in Nevada, a defendant may be either honorably discharged or dishonorably discharged, with a dishonorable discharge having serious adverse consequences. Top Las Vegas criminal attorneys can help those who have been convicted in Las Vegas to work towards an honorable discharge and can provide comprehensive assistance to defendants in resolving ongoing legal issues resulting from a dishonorable one. Give us a call today to find out more.
There is a section of the Nevada criminal procedure code which establishes discharge rules following a term of probation. The section contains Nevada Revised Statute 176A.850 and 176A.870. N.R.S. 176A.850 addresses honorable discharge from probation, while N.R.S. 176A.870 addresses dishonorable discharge.
Honorable discharge occurs after a defendant has fulfilled all of the terms and conditions of his probation for the entirety of the time that he was on probation. A defendant who has been recommended for earlier discharge by the Division of Parole and Probation is also eligible for an honorable discharge, as is a defendant who has fulfilled all of the terms of his probation except for required restitution which economic hardship prevents him from paying. If a defendant is discharged before making restitution, the remaining amount due becomes a civil liability which arises upon the date that the defendant is discharged.
A person who has been honorably discharged from probation is no longer subject to any probation terms and conditions. His right to both vote and serve as a juror in civil actions are immediately restored unless the defendant had committed a Category A felony, multiple independent felonies, or a Category B felony involving the use of force or violence which caused substantial bodily harm. After four years from the date of honorable discharge from probation, the right to hold elected office is restored, and six years from discharge the defendant regains the right to serve as a juror in a criminal case.
Defendants who meet certain requirements can apply to the court to have the record of their conviction sealed following a discharge from probation. Defendants generally also need not disclose a conviction to certain employers or potential employers, except in certain circumstances. For example, defendants must disclose convictions to gaming establishments; and to all state agencies and departments. The record of a prior conviction can also be used for impeachment and can be used in any subsequent prosecutions if it is deemed admissible.
A person who is honorably discharged must be provided with an official document stating he has received an honorable discharge and has been restored applicable rights. The document must detail the dates on which the right to vote, hold office, and serve on a criminal or civil jury are restored. If this official order is lost, destroyed, or damaged, the defendant may request a court order indicating his rights have been restored.
Honorable discharge is the preferred outcome if you have been sentenced to probation. When you are honorably discharged, you can move on with your life.
Defendants may also be dishonorably discharged from probation. According to N.R.S. 176A.870, a dishonorable discharge can occur when a defendant’s term of probation has expired and the defendant cannot be located because his whereabouts are unknown.
A defendant can also be dishonorably discharged from a term of probation if he has neither made full restitution as ordered by the court nor provided proof to verify that economic hardship prevents him from making court-ordered restitution.
If the defendant has otherwise failed to fulfill any of the requirements specified in N.R.S. 176A.850, including completing all terms of probation for the required length of time, the defendant may also be dishonorably discharged from probation.
A dishonorable discharge does mean that you are off of probation. However, defendants who receive a dishonorable discharge generally must serve a period of incarceration if and when the defendant has been located. Those who receive a dishonorable discharge will not get any of the benefits of an honorable discharge, including the restoration of rights or the ability to petition to have records sealed. A dishonorable discharge can have serious consequences if you ever are arrested again, and can have an adverse impact on employment and other opportunities if a background check is conducted on you and the dishonorable discharge shows up on your permanent record.
Las Vegas criminal defense attorney Nick Wooldridge, Esq can provide comprehensive assistance to defendants who have been put on probation. We can help you to understand the terms of the probation, to make sure you comply with all court requirements and to respond appropriately if you are ever accused of violating any of the terms and conditions of your probation.
While our primary goal is to help you avoid conviction and probation whenever possible, once you are on probation we also assist you with getting the best possible outcome at the close of your involvement with the criminal justice system. The best possible outcome is an honorable discharge with sealed records.
LV Criminal Defense will work with you to understand your obligations and can assist you in trying to get your records sealed. As soon as you are accused of a crime, we can help you.
Legal assistance continues to be valuable throughout the entirety of your involvement with the Nevada Court system, Department of Corrections, and Division of Parole and Probation, so it is a good idea to reach out to a legal advocate for help. Give us a call today to find out more about the assistance we provide.