Probationers who violate their probation may find themselves placed in jail without bond as they await the results of their revocation hearing. If this happens, the judge can take any number of actions against the violator.
How Nevada courts probation violations, probation revocation hearings (PRHs) and how much of your suspended sentence you must execute is contingent on your underlying charge, any special terms of your release, and other factors which the probation officer, prosecutor and judge will determine.
Here is what probation violations may look like if you have never violated before.
Short of some wayward probation officer browbeating their probationer into breaking the law, minor technicalities can lead to a probation revocation hearing:
Rules are rules, yet judges will wonder why an experienced probation officer violated someone due to their own screw up. Court calendars are congested enough; why put petty violators through the ringer? Most of these violations will result in the probationer being released from custody back onto probation without losing “good” time.
Despite their best efforts, probation officers cannot help it when their probationers decide to commit new crimes or blatantly ignore the terms of their supervised probation. When major missteps happen, expect nothing short of harsh treatment from the court if you decide to represent yourself.
A few examples of major violations include:
If the probationer committed a new offense, they could receive their suspended sentence from their first crime, and an enhanced sentence based off their inability to follow rules.
While probation officers can violate defendants when they want, proving their violations are valid is tricky. As we touched on above, Nevada courts frown on baseless violations as they create an unnecessary logjam of their court calendar. With that said, here are defenses to probation violations in Clark County:
Your Las Vegas criminal defense attorney can raise other meritorious defenses when you violate probation, and may have better luck reducing or removing any penalty that your PRH induces.
Consequences of violating probation in Clark County can be severe. If you are facing revocation of your court ordered probation, remember that all is not lost. You can retain independent counsel to help with your case, and may be able to petition the court for bond.
Waste no time dealing with your first time probation violation. Accidents can happen, misunderstandings can get blown out of proportion, and some violations may be illegitimate. Nonetheless, you must treat all PRH hearings seriously.