Acquittal is the best case scenario if you’ve been charged with a crime, but sometimes you cannot escape a guilty verdict. Whether you plead guilty or a court finds you guilty, you need to make sure you do everything in your power to fight for a reduced sentence and minimal penalties. Staying out of prison should be top priority after a conviction, which means arguing for probation or a suspended sentence. If you are given probation or a suspended sentence, however, and you are accused of violating probation, you face the possibility of incarceration. In these cases, residential confinement or house arrest may be the best possible outcome and is a preferable alternative to being locked up in jail.
There are detailed rules under Nevada law for when residential confinement is appropriate and detailed rules regarding what residential confinement must entail. You need to know these rules so you can argue for house arrest and so you can comply with requirements of residential confinement if and when you are sentenced to remain in your home for a period of time. Award-winning criminal attorneys at LV Criminal Defense understands all of the Nevada rules of criminal procedure and we can offer the assistance you need in understanding what residential confinement involves in Nevada. Give us a call today to speak with a Las Vegas criminal defense lawyer who can help you.
Residential confinement is defined in N.R.S. 176A.060 as: “the confinement of a person convicted of a crime to the person’s place of residence under the terms and conditions established by the sentencing court.”
N.R.S 176A.660 through 176A.690 provide more details on residential confinement after a defendant has been convicted of violating the law. N.R.S. 176A.660 specifies that a court can order someone who is on probation to a term of residential confinement if the person on probation has violated a probation condition. The court can order residential confinement in lieu of causing a sentence of incarceration to be executed.
In deciding whether to order someone to residential confinement, the court should consider both the seriousness of the crime committed and the criminal history of the defendant. If the court decides that residential confinement is appropriate, the court should order that the defendant stay in his home during the time when he is away from work, community service, and other authorized activities.
Intensive supervision should also be ordered, including unannounced visits to the places where the defendant is expected to be in order to ensure that he is complying with the terms of confinement. A defendant can also be required to wear an electronic monitoring device with GPS during his term of residential confinement, provided that the device does not record oral communications, wire communications or auditory sounds. The device also may not transmit specific information regarding the activities of the person who is on house arrest.
The term of residential confinement which is imposed for violating probation cannot be longer than the unexpired maximum term of a sentence which has been imposed by the court.
LV Criminal Defense knows the rules for parole, probation, and suspension of sentences in Nevada. We help defendants to try to argue for reduced penalties and we offer advice and assistance on complying with the terms of your probation so you can avoid further consequences. We also offer assistance in responding when you’ve been accused of a parole or probation violation, and will help you to convince the court that residential confinement is a better solution than imprisonment.
To find out more about the legal services that you can benefit from, give us a call today to talk with an experienced Vegas criminal defense lawyer.