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Proceedings after arrest

Proceedings After Arrest Explained By Vegas Criminal Lawyer

PROCEEDINGS AFTER ARRESTIn Nevada, a defendant could be put on probation or given a suspended sentence. For a gross misdemeanor, the defendant’s probation could last up to three years and for a felony, the probation could last for up to five years.

There could be myriad terms and conditions of probation which a probationer must comply with, including submitting to routine drug testing and making restitution to victims. When and if a probationer violates terms of probation, a probation officer, parole officer, peace officer, or other deputized officer could have the authority to arrest the probationer. A probationer could be arrested before a warrant is obtained, or could be arrested after a warrant is issued by the court for a probation violation.

If a defendant is arrested for violation of probation or for violations during a suspended sentence, the defendant still has due process rights. There is a section of the Nevada code which specifically sets forth guidelines and requirements for proceedings after arrest for a probation violation. LV Criminal Defense knows this section of the Nevada code of criminal procedure so we can provide you with appropriate guidance as you respond to accusations you have violated probation. A probation violation could have very serious legal consequences for you, so it is imperative that you make certain you have a legal representative helping you after your arrest. A Las Vegas defense lawyer will be there to provide the assistance and advocacy you need post-arrest, so call as soon as possible for advice.

Proceedings After Arrest for a Probation Violation

Nevada Revised Statutes section 176A.530 through N.R.S. 176A.640 all provide details on the proceedings after arrest for a probation violation. These statutes are broken up into three different categories of rules and regulations including:

  • Rules relating to residential confinement pending a court inquiry or consideration by the court of whether the terms of your probation were, in fact, violated.
  • Rules related to an inquiry which must be conducted to determine if there is probable cause that a probation violation occurred which should lead to an inquiry by the court.
  • Rules for the court’s consideration of the alleged violation and for an assessment of expenses regarding the alleged violation.

A defendant needs to understand how these different rules can impact what happens when accusations are made that probation terms weren’t complied with. Penalties are not simply imposed upon a defendant just because a probation officer or other legal official indicates the probation terms were not followed. A defendant is entitled to due process of the law and, before consequences are imposed for the violation, it must be proved that the defendant actually did engage in an act or omission which was not permitted under his probation terms.

Residential Confinement After Accusation of a Probation Violation

N.R.S. 176A.530 through N.R.S. 176A.560 address the residential confinement of a probationer pending a court inquiry on whether a probation violation actually occurred or not.

  • According to N.R.S. 176A.530, the Chief Parole and Probation Officer can require residential confinement instead of confinement in a county jail until such time as it can be determined that there is probable cause to move forward.
  • According to N.R.S. 176A.540, a Chief Parole and Probation Officer can order residential confinement if he believes the probationer doesn’t pose a threat to the community and will appear at a scheduled hearing. The probationer can be required to stay in his house except for when doing authorized activities like going to work. Intensive supervision requirements may be imposed, including electronic monitoring and surprise visits.
  • N.R.S. 176A.550 gives the Chief Parole and Probation Officer the authority to modify the terms and conditions of residential confinement at any time, but must provide a copy of the order changing the confinement terms to the probationer.
  • N.R.S. 176A.560 gives the Chief Parole and Probation officer the right to terminate residential confinement and order confinement in a county jail if the terms of confinement are violated or if the Chief Officer later determines that the probationer presents a threat to the community or won’t appear at the inquiry or hearing into his conduct.

A probationer who is facing residential confinement following an accusation that he violated his probation should be sure to understand these rules . It is important to reduce the chances of being jailed in the county jail, instead of facing house arrest, until a determination on the alleged probation violation is made.

Determining Whether A Probation Violation Occurred

When a probationer has violated probation, he is returned to the court which initially sentenced him to the term of probation in order to determine the consequences of his violations. However, N.R.S. 176A.580 indicates that an inquiry is required to determine if there is probable cause of a probation violation before a probationer is returned to the original court.

The inquiry has to be conducted before an inquiring officer not directly involved in the case, who has not made any reports of the probation violation and who has not recommended revocation of probation. The officer who conducts the inquiry does not have to be a judicial officer and, unless the probationer is under supervision in another state, the inquiry should be held near to the place where the alleged probation violation occurred.

If the probationer is on probation from another state and is under Nevada supervision, the inquiry has to be held within 30 days of the arrest for the probation violation. If the probationer is on probation from a Nevada court, the inquiry has to be held within 15 days of the arrest. During the inquiry a subpoena can be issued under N.R.S. 176A.590 for any witnesses who have information relevant to the inquiry. The probationer must be given notice of the inquiry and be given a chance to speak on his behalf, obtain counsel, and present evidence, according to N.R.S. 176A.600.

If there is probable cause to move forward, N.R.S. 176A.630 sets forth the rules for how the court will consider the alleged violation, and N.R.S. 176A.635 provides details on the effects of the violation of the probation conditions.

Getting Help from a Nevada Defense Lawyer

A Las Vegas defense lawyer can provide assistance with proceedings after an arrest for a probation violation. LV Criminal Defense can represent you during an inquiry into whether a probation violation occurred, and can provide representation as the court considers the alleged violations. Contact us today to speak with a member of our legal team to learn more about how we can help.

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