A Vegas Defense Lawyer Explains Procedure for Granting Probation
Conviction of a defendant results in sentencing to determine what should happen to the person who was found guilty. LV Criminal Defense works hard to try to help you avoid the sentencing phase by securing an acquittal. Our experienced legal team has helped many defendants to get charges dropped or to get a not guilty verdict so they don’t need to worry about facing penalties.
Sometimes, however, defendants will plead guilty or will be found to have committed a crime. When this happens, the court may have the authority to suspend a sentence of incarceration so the defendant does not actually have to serve time in jail. The court can determine a defendant would be best served by a term of probation, which may involve a period of careful supervision. During the period of probation, the defendant may also be required to comply with a variety of court requirements, such as undergoing drug counseling or mental health counseling.
Whatever the requirements of probation, probation can be a far preferable alternative to being locked up in prison or jail. You should consult with an experienced Las Vegas defense attorney to understand when and how the court makes the decision on whether to grant probation so you can take any steps possible to try to ensure you get a suspended sentence instead of being sent to jail. Our legal team knows the procedure for determining if someone should be imprisoned and we can assist you in fighting to ensure you have the best chance possible for probation.
Nevada Procedure for Sentencing a Defendant to Probation
Nevada sets forth the rules for probation and suspended sentences in Chapter 176A of the state’s code on criminal procedure. Within this Chapter, there is a subsection on the procedural process used to determine if a defendant should be sentenced to probation or not. The procedural rules that the court follows in determining whether to grant probation are found in N.R.S. 176A.200 though N.R.S. 176A.220.
N.R.S. 176A.200 states that the Division of Parole and Probation of the Department of Public Safety should conduct a pre-sentence investigation. The Division should make inquiries into:
- The nature of the criminal offense that the defendant committed.
- The defendant’s criminal record, if any, including past convictions in states other than Nevada.
- The social history of the defendant.
- The defendant’s present condition.
As part of its investigation, the Division may request that the defendant undergo a physical examination and/or a mental examination. The county where the indictment or information had been filed against the defendant will pay for the costs of any examination which the Division has the defendant undertake. The Division can present its report to the court, and the court should consider sentencing recommendations and information contained in the investigation.
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Waiver of the Right to Extradition and Promises to Comply with Probation Requirements
If the court enters an order for probation, the defendant will be deemed acceptable for probation. However, there are additional steps which must be taken next in order for the defendant to be put on probation. The defendant has to submit a signed statement to the to the Division of Parole and Probation, which then must file the statement with the clerk of the court.
The signed statement submitted to the Division by the defendant must indicate that the defendant promises to comply with all of the terms and conditions of probation that the court has imposed and that are stated in the document. The signed statement also must involve a waiver of extradition. In other words, the defendant has to agree that, should he violate his probation and be taken into custody outside of the state of Nevada, he will not have an extradition hearing. He waives all of his rights to the formal legal process that would normally be required, and he can simply be taken back to Nevada as a result of his probation violation.
Delivery of Copies of Records
If the court has granted probation, the court has to make sure the appropriate records are delivered as required. N.R.S. 176A.220 mandates that the court has to direct the clerk of the court to deliver a copy of the case records to the Chief Parole and Probation officer. The parole officer who is assigned to supervise the defendant and to monitor his compliance with probation requirements will need to have access to the records of the criminal case in order to be most effective in monitoring the defendant.
At the discretion of the court, the clerk can be ordered to deliver the records to the Chief in writing or via electronic means, or can provide Chief with access to access the electronic systems necessary to retrieve the case records and records of the defendant.
Getting Legal Help With Probation and Suspended Sentences in Nevada
Nevada has many laws related to the authority of the court to grant probation to defendants who have been convicted of a wide variety of different criminal offenses. Not only are there procedural rules, but there are also restrictions on the court’s discretion regarding who can be granted probation. For example, habitual offenders, those who committed murder, and those who committed certain sexual crimes will not be eligible for probation or a suspended sentence. There are also some crimes which specify that those convicted of the offense cannot have a suspended sentence and must serve jail time.
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LV Criminal Defense knows all of the rules and regulations in Nevada regarding probation and suspension of sentences, and we understand how the court works in following the procedures to sentence defendants. Our goal is to help ensure you get the best outcomes possible when you are facing criminal charges, which means making strategic decisions at every step of your case- including in the sentencing phase.
When you want a knowledgeable advocate to help you get probation or a reduced sentence, we will bring our considerable experience to the table to help you. Contact us today to speak with a Las Vegas defense lawyer and to find out more about the ways in which we can help.