A defendant who has been convicted of a criminal offense can be sentenced to probation or a suspended sentence instead of being imprisoned. When a defendant is sentenced to probation, different terms and conditions can apply depending upon the circumstances. For example, some programs of probation are secured by surety bonds.
Defendants who are being sentenced or who have been given a sentence of probation need to know what the rules are for probation and suspended sentences, and what their obligations are for complying with Nevada requirements. An experienced Las Vegas criminal defense lawyer can provide invaluable assistance in understanding what surety bonds are and what types of programs of probation are secured by surety bonds. If you need help with this or with any other legal issues relevant to Nevada criminal law, give LV Criminal Defense a call today to find out more.
Nevada sets forth the rules on probation and suspension of sentences in Chapter 176A of the Nevada code of criminal procedure. There is an entire section of definitions within this Chapter, including a definition of surety bond for purposes of probation programs that require one.
N.R.S. 176A.080 is the Nevada statute which defines surety bonds which are used in probation programs. A surety bond is a “written undertaking, executed by a surety, that a person will, as a result of the bond, participate in a program of probation and that in the event that the person violates a condition of the program of probation, the surety will pay the court the amount of money specified for the bond.”
A surety is a third party who makes a guarantee on behalf of someone else or who takes responsibility for another third party performing his or her requirements. If the third party- in this case the defendant who is sentenced to probation- fails to fulfill his obligations, then the surety could be required to pay a penalty for the revocation of the program of probation. The concept is similar to when bail must be paid before a defendant is released pending the outcome of the case and a bail bondsman posts the bail.
Defining a surety bond is important because there are programs of probation in Nevada which are secured by surety bonds. According to N.R.S. 176A.300, a person who is not indigent and who is convicted of a category C, D, or E felony could be put on probation and the court could order that the probation be secured by a surety bond. The court would need to make sure that the defendant has the financial ability to post bond. The court has to set the amount of the surety bond at such an amount that is necessary to reasonably ensure that the defendant actually participates in the probation program.
The surety bond, in order to be allowed to guarantee participation in a probation program, has to be payable to the state of Nevada. It has to remain in effect for a year, and be renewable on an annual basis. It must ensure that the defendant fully participates in the program program and meets all probation requirements.
Participation in probation programs secured by a surety bond can be confusing for defendants, and there is often a substantial financial consequence imposed if the defendant fails to fulfill his obligations. You cannot afford mistakes when it comes to programs of probation secured by a surety bond. Contact a Las Vegas defense attorney at LV Criminal Defense to find out more about how our legal team can help you ensure you follow the law and fulfill all the terms and conditions of probation.