A defendant who has been accused of violating probation terms needs to contact a Las Vegas defense lawyer as soon as it is possible to do so. A violation of the terms of probation could result in very serious consequences, including house arrest, imprisonment, or confinement to a residential facility where probationers can be supervised. The additional penalties which are imposed for a violation of probation or for a violation of a suspended sentence could have a profound and detrimental impact on your life.
LV Criminal Defense understands the Nevada rules and regulations related to probation and related to the court’s imposition of penalties for probation violations. We can provide you with comprehensive assistance trying to convince the court that there is insufficient proof of a probation violation to impose penalties upon you. We can also provide you with help in trying to argue for the least severe penalty possible following an accusation that you violated any terms or conditions of your probation. You cannot afford to take a chance when you are already on probation and in trouble with the law, so you must be proactive and have a skilled legal advocate to fight for you if you’ve been accused of a probation violation. Give us a call today.
While most people accused of a probation violation are most concerned that they will end up being sent to jail, there is another possible penalty which could result in significant disruption to your life if you are accused of a probation violation. You could be sentenced to live in a special residential center.
Nevada law has a section of the code of criminal procedures which allows for probationers to be sentenced by the court to a period of confinement in a residential center. The details of residential centers for probationers are found in N.R.S. 176A.720 through 176A.740. The relevant statutes provide information on the establishment of centers where probationers can live under supervision; the sentencing of probationers to a residential center; and the duties and powers of the Division of Parole and Probation when it comes to these residential centers.
N.R.S. 176A.720 gives the Division of Parole and Probation the authority to establish centers where probationers can live while being supervised. Probationers who have violated probation terms could be sentenced to spend time living in these centers for a period of time and the Division can establish the centers as it sees fit to provide appropriate supervision. The Division is also given the authority by N.R.S. 176A.720 to contract for any services that are necessary to operate residential centers for probationers.
N.R.S. 176A.730 sets forth the circumstances under which the court can assign someone who is on probation to live in a residential center under supervision. According to the relevant law, the court can order someone who has violated terms of probation after he was put on probation following a felony conviction. This same statute also gives the court the authority to require a defendant live in a residential center while he is on probation for a felony, even if no violation of probation has previously occurred.
However, the court cannot order someone to live in a residential center after the convicted person has already served a prison term in state or federal prison, except if probation is being granted for the first time (as opposed to being continued after a probation violation). The only exception to this is if the probation is being granted for the first time after the defendant has been imprisoned and the Division of Parole and Probation recommends the new probationer be sentenced to live in the residential center for a period of time.
The Division of Parole and Probation oversees the supervision of probationers who are ordered to live in a Center, and has the authority to collect payment from the probationers who must live within these centers. The Division is given authority by N.R.S. 176A.740 to determine a fixed amount of money which is to be deducted from the wages of each probationer who is assigned to the residential center. The fixed amount of money which the Division deducts is supposed to partially offset the costs of housing and feeding the probationer while he is living at the residential center.
The Division can arrange for all earnings of the probationer to be paid from the probationer’s employer directly to the Division. The Division will deduct the amount of money determined appropriate to pay for housing, meals, medical services, and dental services. The remainder of the money earned by the probationer can be distributed for restitution according to a court order (if applicable) or can be used appropriately as part of a plan the Division creates for the management of the probationer’s assets.
It is burdensome to be forced to live in a supervised residential center and to have your wages taken from you to pay for your time in this center. You want to try to avoid facing this consequence whenever it is possible to do so. A Las Vegas defense lawyer can help you try to avoid being convicted of a crime, to avoid being put on probation, and to argue against serious penalties for probation violations. At every step of your involvement with the criminal justice system, your attorney will try to help ensure you face the least possible penalties under the particular circumstances.
Our acclaimed team at LV Criminal Defense has extensive experience offering representation to defendants who have been accused of crimes. We know the rules in Nevada for defending yourself and for trying to get the most lenient sentence possible when convicted of an offense. Give us a call today to schedule a consultation and learn about the ways in which we can help fight for your future.