Common Probation Violation(s) in Nevada and How to Avoid Them
Whether as the result of a guilty verdict at trial or because you entered into a guilty plea agreement with the State of Tennessee, serving a period of time on probation may be part of your sentencing following a criminal conviction. While probation is certainly preferable to spending time in jail, a Nevada probation violation can land you right back in jail. To help you avoid such unwanted consequences, the probation violation lawyers at The Vegas Lawyers explain some common probation violations in Nevada and how you can avoid them.
What Is Probation in Nevada?
Before you begin a term of probation, it is critical to understand what probation is and what it is not. Probation is a sentencing alternative to incarceration, allowing a defendant to avoid or reduce time spent in jail or prison, and may be ordered in lieu of, or in addition to, incarceration. Typically, a judge imposes a sentence that includes a period of incarceration; however, the judge can then suspend a portion of, or even the entire, jail/prison sentence and order that time to be spent on probation under the court’s supervision.
By way of illustration, you might be sentenced to serve two years in prison with one year suspended and spent on probation. While you will only serve one year in prison, the remaining “suspended” time is still part of your original sentence, effectively hanging over your head while you are on probation. As such, a probation violation could result in the judge ordering you to serve that suspended sentence in prison.
While on probation, all probationers must abide by “standard” conditions, which include things such as maintaining employment or attending school, checking in with a probation officer, refraining from drug and alcohol use, and avoiding any new criminal activity. In addition, you may be ordered to abide by “special” conditions that depend on the nature of the case or personal characteristics, such as paying restitution, completing a drug or alcohol treatment program, undergoing a mental health evaluation, or avoiding contact with certain individuals.
What Are Common Probation Violations?
While probation offers an opportunity to remain out of jail, a violation can result in serious consequences, including a return to jail. Understanding some of the ways you can violate your probation can help prevent such negative consequences and ensure that you keep your freedom. While there are numerous ways to violate probation, a few common violations include:
- Getting arrested on a new charge. A new arrest is a sure-fire way to violate your probation. Although your probation officer has considerable discretion, in most cases, when it comes to deciding whether to file a violation with the court, getting arrested for a new offense while on probation typically triggers an automatic notice to the court supervising your probation. It should go without saying that you need to stay out of legal trouble while on probation.
- Testing positive on a drug/alcohol test. Submitting to random screenings for drugs and alcohol is usually a standard condition of probation and testing positive may result in a violation of your probation. To avoid being violated for a positive test result, assume that you could be tested at any time and refrain from using drugs or consuming alcohol accordingly. If you have a drug or alcohol problem, talk to your officer about rehabilitation options. Do not fail to show up for an appointment because you are concerned about being tested, because the penalties for failing to show up are often worse than those for testing positive.
- Missing a scheduled meeting with your probation officer. Another standard condition of probation is meeting with your probation officer as scheduled. Failing to show up without good cause can trigger a violation. Only a legitimate, documented emergency, such as a death in your immediate family or hospitalization, might justify an absence.
What Happens If I Violate My Probation in Las Vegas?
If a probation violation is filed, you will be notified of the violation and ordered to appear in court for a hearing. A probation violation hearing is similar to a criminal trial; however, the procedural and evidentiary rules are less formal. One important rule that is the same is your right to be represented by an attorney. If the court is convinced that you violated your probation, the judge may issue a warning, extend your probation or implement additional conditions you must fulfill (such as complete rehabilitation), or could revoke your probation and order you to spend your “suspended” sentence in jail or prison. Given the potential consequences, having an attorney on your side at the hearing only makes sense.
What Should I Do If I Am Facing a Nevada Probation Violation?
If you are facing a Nevada probation violation, consult with an experienced Nevada probation violation lawyer at The Vegas Lawyers as soon as possible to discuss your legal rights and options. Call us at 702-707-7000 or contact us online.