A Vegas Defense Lawyer Explains Probation Provisions
Defendants found guilty of violating the law who are facing criminal penalties should hope for probation or suspension of a sentence. With probation or a suspended sentence, you don’t have to serve jail time- unless you make a further mistake while you are under the supervision of the criminal justice system. Probation or a suspended sentence is not possible in all situations where you are convicted, but when this is an option, you want to do everything possible to try to stay out of jail and simply end up on probation.
LV Criminal Defense can provide you with guidance and advice on your legal options when it comes to probation and suspended sentences. We can assist you in trying to negotiate plea deals likely to result in probation and can help you to argue for leniency during a sentencing phase after conviction. We also help you try to get an acquittal so you don’t even have to worry about being under court supervision. To find out more about how a Las Vegas defense lawyer helps you when you’re in court and facing criminal charges that could affect your future, give us a call.
Understanding General Rules on Probation and Suspended Sentences
Nevada has a criminal procedure code which sets forth rules for every aspect of criminal proceedings, sentencing and executing judgments against defendants. Within the rules of criminal procedure, there are different chapters that address various aspects of the criminal justice system. For example, Chapter 176A provides details on probation and suspension of sentences.
Within Chapter 176A, there are rules related to when and how courts can order probation or a suspended sentence for defendants. The Nevada Statutes within this Chapter are themselves divided into different categories, including General Provisions. General Provisions are found in Nevada Revised Statues section 176A.010 through 176A.090. They include definitions which are relevant throughout the rest of the Chapter. For example, the General Provisions include definitions of “board,” “court,” “division,” “member of the military,” “mental illness,” “intellectual disability,” parole and probation officer,” “residential confinement,” “standards,” “surety bond,” and “veteran.”
The reason that these words need to be defined is that the words have specific means which are relevant in other subsections of Chapter 176A For example, a defendant could be assigned to a program for treatment of mental illness as a condition of probation or as a condition of having his sentence suspended.
Assigning a defendant to such a program would only be appropriate if the court actually felt that the defendant had a mental illness. The state cannot have judges just deciding on their own what constitutes a mental illness- there have to be some uniform guidelines and some type of standardization in the definition which can be applied across all cases. The General Provisions in Chapter 176A which provide the relevant definitions make this standardization possible.
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Probation and Suspension of Sentence is Often the Preferred Outcome
For defendants accused of committing a crime, getting the charges dismissed or getting an acquittal is the ultimate goal- but sometimes it is not possible. If you are found guilty of an offense, probation or a suspended sentence are often the best outcomes that you can hope for because neither involves incarceration. Instead of being jailed, you’ll have to comply with conditions that the court sets forth and you will be under supervision for a period of time.
When you are placed under supervision, a parole and probation officer will be in charge of meeting with you or contacting you regularly in order to ensure that you are following the probation requirements and complying with all court orders. N.R.S. 176A.050 of the General Provisions section of 176A.050 provides a definition of a parole and probation officer. A parole and probation officer is someone who is appointed in accordance with the provisions of Chapter 213 of the Nevada Revised Code.
Parole and probation officers have to be selected on the basis of their interest in correctional services; their experience; their training; and their capacity to fulfill their role in supervising people convicted of criminal offense. The Chief parole and probation officer must have had at least five years of experience in some type of correctional program, and no less than three years of that experience must have been in some type of leadership capacity.
You may also be required to fulfill other requirements, such as completing a treatment program for veterans and members of the military. According to N.R.S. 176A.043, a member of the military is someone currently serving in the U.S Armed forces, while N.R.S. 176A.090 defines a veteran as a person who has previously served in the armed forces but who has been discharged.
To understand your requirements and make sure you do not do anything that jeopardizes your probation or suspended sentence, you should make certain that you understand all of the definitions found within the General Provisions section of Chapter 176A. It is your responsibility to follow the terms of probation and you are the one who will face the most serious consequences if you fail to comply with the terms that the court has set.
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Getting Help from a Las Vegas Criminal Defense Lawyer
When you are represented by Mr. Woodridge, our legal team is focused on helping you to stay out of prison. Ideally, we will work to earn you an acquittal. However, as we consider the nature of charges and evidence against you, there may be circumstances where your best strategy for reduction of possible penalties is to try to plead guilty to get a lesser sentence. If you are convicted, you will also want to argue for the most lenient possible sentence- and we can help you to do that.
In order to makes sure we have the best chance of helping our clients argue for probation or a suspended sentence, our legal team knows all of the General Provisions and other laws found within Chapter 176A of the Nevada Code. To find out more about how we can put our legal knowledge to work to help you when you’re faced with charges, give us a call or contact us online today.