When someone in Nevada is on probation, there are times when the probation program is secured by a surety bond. Essentially, this means that a surety posts bond to guarantee that the probationer will follow rules or guidelines. The surety takes on certain responsibilities when posting bond to guarantee the probation conditions will be met, including performing tests to determine if the probationer is following the guidelines of probation.
As the surety takes on responsibility, the surety also gets certain rights. One of those rights is the right of the surety to have the probationer arrested. Those who are on probation need to understand this right of the surety, as well as when the right can be exercised and how the process works.
A Las Vegas defense attorney can provide guidance to probationers on how to comply with probation obligations, and can also provide representation to a probationer who has been arrested. LV Criminal Defense has extensive experience with the probation system in Nevada, so give us a call for assistance if you find yourself on probation or facing consequences for failure to comply with terms of probation.
Nevada Revised Statute section 176A.360 sets for the rules for probationer arrest at the request of the surety. According to the relevant statute, a surety can surrender a probationer at any time before the probation is fully discharged.
If the surety wants to surrender a probationer, the surety must create written authorization for the arrest of the probationer. This written authorization must be endorsed on a certified copy of the paperwork in which the surety agreed to post bond and assume responsibility for the probationer. The written authorization gives authority for a bail agent or bail enforcement agent to arrest the probationer.
The bail agent or bail enforcement agent who actually acts to arrest the probationer at the request of the surety has to be licensed pursuant to Chapter 697 of the Nevada Revised Statutes. Chapter 697 governs all types of businesses related to bail, providing details on who bail agents and bail enforcement agents are; what the basic qualifications are for each job; and how a license can be obtained.
Because it is possible for a surety to have a probationer arrested with his or her written authorization, it is imperative that anyone who has been charged and sentenced to probation understand the stakes. Probationers must comply with all terms and conditions of probation, especially when the program of probation is guaranteed by a surety bond.
The surety’s written request is not the only circumstances under which a probationer could be arrested. N.R.S. 176A.320 makes clear that a failure to perform any of the required conditions of the probation program could result in the court issuing a warrant for violating or failing to fulfill a condition of probation. The warrant could cause the defendant to be arrested.
Term of probation which a probationer may be required to comply with to avoid arrest can include a variety of different acts and omissions, depending upon the particular offense. Common terms include payment of restitution, fines, and court costs; submitting to a program of intensive supervision; restrictions on travel; a requirement to get and keep a job; and participation in a required program of community service.
Avoiding probation in the first place by trying to secure an acquittal can be the best option if you do not want to submit to restrictions. If you are convicted or decide to plead guilty, getting probation and staying out of jail can be the best case scenario.
A Las Vegas defense attorney can provide assistance to a defendant who has been charged, or who is on probation. Contact LV Criminal Defense today to find out more about what our legal team can do.