If you were placed on felony or gross misdemeanor probation in Las Vegas and are now in Clark County Detention Center awaiting a revocation hearing, hire a local criminal defense attorney now. A probation revocation can and often does leads to jail or prison time, as well as other harsh consequences, so read below to learn about what happens when your loved one is accused of violating probation, and how a defense lawyer may be able to help.
Pursuant to NRS 176A.100, if you are convicted of a gross misdemeanor or felony charge after pleading guilty or being found guilty after a trial, the court may suspend a prison or jail sentence and place you on probation. Probation is a period of supervision by the Nevada Department of Public Safety's Parole and Probation division. The Department of Parole and Probation (or "P&P") is located at 215 East Bonanza Road in Downtown Las Vegas. P&P supervises the defendant (called a "probationer") for a specified or indeterminate period of time, as set by the court at sentencing, and is responsible for enforcing the various conditions imposed by the court. These conditions typically include the following:
This is not an exhaustive list of probation conditions imposed by the courts. This is just a list of some of the more common conditions. Keep in mind, failure to comply with any of these conditions can result in the probationer being "violated" by his or her probation officer, and subsequently "revoked" and sent to jail or prison by the judge.
If the probation officer (or "PO") believes that conditions of probation have been violated, then the PO has the authority under NRS 176A.500(3) to arrest the probationer. An arrest by a PO places a 45 day hold on the probationer. This is because pursuant to NRS 176A.100(5), P&P has 45 days after an alleged violation to prepare a "violation report" which details the alleged probation violations. This violation report will be distributed to the judge, the prosecutor, and your defense attorney. Several weeks later, a probation revocation hearing will be held in front of the sentencing judge. Read below about what happens on the day of the violation.
If you or a loved one are facing a probation revocation, you may want to seek the help of a criminal defense attorney. If I represented a criminal defendant at sentencing in District Court, I will represent him or her at the revocation hearing. I also represent individuals at revocation hearings who had other attorneys at sentencing but are currently without a lawyer. Call me to discuss your loved one's upcoming revocation hearing and I'll give you my opinion on the likelihood of revocation versus reinstatement.
By Michael Pandullo