In Nevada, a person may receive probation instead of jail or prison time for their felony or misdemeanor conviction. Probation allows a person to live in the community as long as they do not violate specific terms of the probation. If they do violate one of the terms of their probation, then the violation is considered a probation violation.
A person commits a probation violation in Nevada when they fail to comply with specific terms, or conditions, that they agreed to do or not to do to avoid incarceration. Examples of terms a person may have to agree to do or not do include:
- Obtain and keep legal employment
- Complete community service
- Complete an adult education program
- Do not associate with anyone with a criminal record
- Do not consume illegal drugs and/or alcohol
In Nevada, a probation officer (PO) has the right to arrest the person, and leave them in jail for up to 45 days. The PO then prepares a violation report. The report explains the alleged violations. A hearing is then held to determine whether the person’s probation will be upheld or revoked.
A person accused of violating probation has three legal options with regard to the hearing:
- Continue with the revocation hearing
- Negotiate an alternative outcome with the prosecutors—with the person’s attorney’ assistance
- Waive the revocation hearing, admit that they violated probation, and argue to have the probation reinstated
There are several potential outcomes that may result from the revocation hearing:
- Revocation and reinstatement of original sentence
- Revocation and a lesser sentence
- Reinstatement of probation
- Reinstatement of probation with additional conditions
- Revocation of provocation and complete their time in the form of a prison term
Legal representation is critical if you want to keep your probation. A Nevada criminal attorney will explain your chances of getting your probation reinstated. Also, an attorney will fight to stop the revocation of your probation.