A defendant who has violated the terms of his probation could face serious potential consequences. Once probable cause of a probation violation has been found or once a defendant has committed a crime while on probation, the probationer must go to court to face the consequences of the probation violation. This is usually the court which originally sentenced the defendant to probation, but could be a court in another location if the original court assigned the case to a court in a different district where the defendant was serving out the term of his probation.
The court will first assess whether a probation violation occurred and will then make a determination regarding what to do about the violation. The court has a number of options, including extending the term of probation, making the probationer comply with additional conditions, or requiring the probationer to serve time in prison. Another option which could be available and which the court could determine is appropriate for a defendant is residential confinement.
Residential confinement after a violation is not as grave a penalty as being imprisoned in jail, for most defendants, however it can still affect your life in very profound ways. You need to make certain that you understand what you can do to try to avoid serious consequences for a probation violation and you need to know how you can argue against being found to have violated your probation.
A Vegas defense lawyer can provide a comprehensive explanation of what you can do to fight an accusation that you violated your probation and can assist you in trying to reduce or avoid penalties. LV Criminal Defense knows the Nevada laws related to probation violations and we are here to advocate for you. Give us a call today to find out more.
Residential confinement is one possible option which the court could impose upon a defendant once the court has made an assessment that probation was violated. Nevada has a section of its code of criminal procedures which is devoted to setting forth rules and requirements for residential confinement for probationers. The relevant laws are found in N.R.S. 176.600 through N.R.S. 176A.690. These laws relate to:
It is best to contact an experienced defense lawyer to try to avoid being sentenced to residential confinement. However, if you are faced with this penalty, an attorney can also provide you with assistance in understanding how to comply with the requirements the court has imposed upon you so do not face any further penalties.
N.R.S. 176A.660 sets forth the rules related to the court’s authority to order residential confinement as a penalty, as well as the details of intensive supervision and electronic monitoring and the limits of residential confinement.
According to the relevant statute, the court can order a period of residential confinement for anyone who has been put on probation and who has violated probation conditions. The court should consider a number of factors in determining if residential confinement is appropriate, including the severity of the crime which the defendant committed.
If the court determines residential confinement, or house arrest, is appropriate, the court will direct that the probationer be put under the supervision of the Division of Parole and Probation. The court can require that the probationer be confined to his residence except when going to work, school, or certain other activities that the court specifically approves. The court can also order intensive supervision, which includes unlimited and unannounced visits to the probationer’s home, place of work, or locations of other approved activities.
An electronic monitoring device which has been approved by the Division can be used in the supervision of someone who is sentenced to residential confinement. The electronic device can transmit information on the location of the probationer, and records may be requested in order to determine if the person who is being electronically monitored was near to the scene of a crime. However, the electronic monitoring device should not be used to transmit auditory sound, oral communications or wire communications.
The court should order residential confinement only if the probationer agrees to the court order, and the term of house arrest cannot be longer than the unexpired maximum sentence which was imposed upon the defendant by the court for the offense that resulted in him being put on probation.
According to N.R.S. 176A.670, a court who orders someone to a term of residential confinement can establish the terms and conditions of that confinement and can modify the terms and conditions at any time. The court must provide a copy of its order to the probationer as well as to the Division of Parole and Probation.
N.R.S. 176A.680 gives the court the authority to modify or rescind an order for residential confinement if the defendant probationer commits any further violations. If the order of residential confinement is rescinded, the court must impose another punishment which is authorized by the laws of Nevada.
Finally, N.R.S. 176A.690 gives the Division of Probation and Probation the authority to establish procedures to administer a supervisory program for someone who is serving a term of house arrest.
LV Criminal Defense can provide invaluable assistance in situations where a defendant has been sentenced to probation and has been accused of violating probation. We also help you when you are faced with residential confinement. Give us a call today to find out more about the ways in which we can work to protect your freedom and end your involvement with the criminal justice system as quickly as possible.