The Court has the discretion in many cases to suspend your sentence and offer probation instead. However, just as the Court has the discretion to offer probation, you have the right to refuse probation and instead serve your incarceration sentence. For that reason it is important that you understand how probation works and what it entails.
Probation is a means to allow a person to “work off” their sentence while remaining in the community. Probation suspends the person’s imprisonment so long as the person follows certain court ordered rules and conditions.
Some common conditions imposed on a person’s probation include:
Generally, the specific conditions set for probation are tailored to the underlying crime the person was convicted of: drug offenses are likely to require rehabilitation programs; gang related violence may require avoidance of certain people or places; theft or property damage will likely necessitate fines or restitution.
Please Note: It is important to remember that if you receive probation, it is imposed as part of a “suspended sentence” and you are not “off-the-hook” for your jail or prison time until you have completed the terms of your probation.
Probation is a possible alternative in all misdemeanors and most felonies. In Nevada, there are only a few felonies where probation is not an option:
Probation will usually last a period of 1-5 years, depending on the crime and your criminal history.
Generally, misdemeanors and gross misdemeanors carry probation terms of up to 3 years while probationable felonies carry probation terms of up to 5 years.
Probation is clearly preferable to imprisonment in just about every situation. If you do not abide by the conditions of your probation, the Court has the discretion to revoke your probation, and reimpose the suspended sentence for imprisonment. Generally, probation violations include:
If the Court, or other authorities such as the police, have reason to believe that you have violated the terms of your probation, you will be called into Court in one of three ways:
If you receive a summons, or notice of bench warrant, it is important that you contact an attorney as soon as possible. While the attorney will probably not be able to do much about the summons, except to request an extension if you cannot show up to court on the scheduled day, an attorney can file a motion to have a bench warrant “quashed” (a legal term meaning “stopped” or “thrown out”).
At the court date (whether scheduled by summons or after an arrest), the judge will likely schedule a hearing to determine if you did violate the terms of your probation.
Please Note: This process can be somewhat lengthy, between the Court sending a summons or issuing a bench warrant, the appearance for the summons or to quash the bench warrant, and the scheduling of a hearing to determine if you violated the terms of your probation. It is imperative that you continue to work on fulfilling the conditions in your probation during this time. The Judge is much more likely to look favorably on you if you show that you are determined to complete probation. In other words, if you continue trying to complete the probation program, the Judge may overlook a minor violation in favor of letting you continue to work on completing your probation.
Sometimes it is difficult to schedule your life around every condition of your probation. Classes, Court dates, meetings with probation officers, and community service requirements, coupled with the need to work so you can pay court fines and restitution can lead to a very full schedule. If you find that you have any problems with fulfilling certain terms of your probation (such as rehabilitation programs, educational classes, or community service hours) you need to contact the Court as soon as possible, preferably through an attorney. Many times, the Court will grant short extensions to assist in the completion of these conditions.
If, however, you are called in for a hearing to determine if you violated your probation, then you will have to prepare for what the Court refers to as a “revocation hearing.”
Put simply, a revocation hearing is exactly what it sounds like: it is a hearing to revoke your probation. It is similar to a trial, where both the prosecutor and the defense are given time to argue in favor of their belief. In a revocation hearing, however, there is no jury, only a judge who hears both arguments and then determines if you did, in fact, violate your probation terms.
Because a revocation hearing is similar to a trial, you have certain very important rights to keep in mind.
At the close of the hearing, the Judge will make a decision about whether you violated your probation or not.
If the Judge determines that you did not violate your probation, then your probation will be reinstated and will continue on as if there had never been cause to believe you had violated probation.
If, on the other hand, the Judge determines that you did violate your probation, the Judge will enter one three rulings:
If your probation is revoked, you will be facing either incarceration and/or house arrest. The Judge will determine the specific penalty by considering:
Generally, Nevada Parole And Probation will also make their own recommendations to the Court based on these same considerations as well as your probation officer’s opinions.
Please Note: Generally speaking, if the Judge agrees to suspend your sentence in favor of probation, it means that the Court will be willing to work with you to ensure that you can complete your probation. That is why it is so important that if you encounter any difficulties in completing the terms of your probation, you contact the Court and/or an attorney so that you can be heard by the Judge regarding your difficulties, rather than ignoring the terms and ending up at revocation hearing.
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