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DURATION; ARREST FOR ALLEGED VIOLATION

A Defense Attorney Explains Rules for Duration of Probation N.R.S. 176A.500

Nevada rules of criminal procedureProbation or a suspended sentence after a guilty plea or after a conviction can be the best case scenario. While you want to avoid being convicted of a crime whenever possible, sometimes the evidence is too strong and conviction happens. If this occurs, at least probation or a suspended sentence can allow you to avoid incarceration, which would take you away from work and family life.

While probation or a suspended sentence are often far better alternatives than imprisonment, being on probation is still a substantial inconvenience and the terms of your probation can be both intrusive and burdensome. As a result, most defendants who are sentenced to probation or who are given a suspended sentence want to face the least amount of probation time that they can. An experienced Vegas defense lawyer should be consulted to help argue for leniency to try to reduce the time that will be spent on probation.

LV Criminal Defense has extensive knowledge of the Nevada rules of criminal procedure which relate to probation. We know what the rights of probationers are, and we understand the laws for how the court determines the time of probation. When we represent you, our goal is always to help you to limit the time your life is impacted by ongoing court supervision, and to get you through your involvement with the criminal justice system as quickly as possible. Give us a call today to find out more about the ways in which we assist you and about what we can do for you when you are facing probation.

Nevada Rules for Duration of Probation

Nevada has a section of its code of criminal procedure which sets forth the rules both for the duration of probation and for what happens when a probationer is arrested for an alleged probation violation. The relevant law found within this section is Nevada Revised Statute section 176A.500.

According to N.R.S. 176A.500, the court has broad authority to establish the duration of probation. The law indicates that the period of suspension of sentence or probation that is set by the court could be “indeterminate.” This would mean that there is no specific set period of time established at the outset which gives you a clear picture of how long the probation period would last. The court also has the authority to set a fixed amount of time for probation.

When the court has set a fixed amount of time for probation, the court can extend the term of probation at any time. The court can also terminate a period of probation.

However, despite this extensive leeway given to the court to determine an appropriate length of probation, the court does not have unlimited authority. N.R.S. 176A.500 sets maximum periods of probation for different offenses. These maximum periods refer to the total length of time of the probation period, including any time that the court tacks on when it extends probation.

The maximum length of time for probation is three years for a gross misdemeanor or three years for a suspended sentence issued pursuant to N.R.S 176A.260 (which sets forth general conditions on probation for defendants including rules for assigning a defendant to a program) or 453.3363 (which sets forth rules for suspension under certain conditions).

The maximum length of time a defendant could be put on probation for a felony is longer. A felony conviction can result in a maximum period of probation of five years.

Arrest for Probation Violations

N.R.S. 176A.500 also provides details on the arrest of a probationer for violating the terms of probation or a suspended sentence. According to the relevant statute, the court can issue a warrant at any time during probation or a suspended sentence if the defendant violated any conditions of probation. The warrant can cause the person to be arrested.

If there is a warrant in effect for a defendant who is violating the terms of his probation, the time during which the warrant is in effect generally is not considered a part of the probation period. This means if someone was given probation for three years, he violated the probation terms, and he had a warrant in effect for three months, the three months when the warrant was in effect would not count towards fulfilling his three year term of probation. It the warrant ends up being cancelled, then the court can include the time when the warrant was in effect as apart of the probation period.

A parole and probation officer, as well as a peace officer with power to arrest, are actually allowed to arrest a defendant for a probation violation even without a warrant. This arrest can occur if a parole officer, probation officer, other deputized officer, or other officer with the power to arrest believes that the probationer has violated a probation condition. If a parole or probation officer or other peace officer or deputized officer make an arrest for a probation violation without getting a warrant, the arresting party should present a statement of charges to the detaining authorities and should notify the court that granted the probation. A written report must also be submitted providing details on the manner in which the probationer violated probation conditions.

If there is not probable cause to believe that a violation of probation actually occurred, the parole or probation officer or police officer can release the probationer from custody promptly without further proceedings.

Getting Help from a Las Vegas Criminal Attorney

A violation of probation has grave consequences, so defendants must do everything possible to ensure they comply with probation terms. An experienced Las Vegas criminal defense attorney can help you to try to argue for leniency during sentencing so your probation terms are not overly burdensome and can provide you with assistance in understanding what is required of you while you are on probation. If you have been accused of violating your probation, an attorney can provide assistance in trying to minimize the potential consequences.

Our lawyers at LV Criminal Defense helps many defendants to understand the rules for probation duration in Nevada so they can try to reduce possible consequences they could face after a criminal conviction. Give us a call as soon as possible to find out how our legal team can assist you.

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