Violation of probation is often easy because of the restrictive conditions; Even the slightest violation of probation can net you harsh penalties. If charged, violators are sentenced to an extended duration of probation, or be sent to jail, then resume their probation. This page aims to explain the differences of parole and probation, and how the law works in Las Vegas.
A highly-experienced criminal defense lawyer can win against this case by presenting a solid ground that the defendant has complied and paid restitution.
Parole vs Probation: The Difference
The information below could help you understand the difference between the two.
Probation serves as rehabilitation instead of justice to punish. Once convicted of any crime in Las Vegas, a judge may impose probation as part of the sentence when convicted. Probation is one of the possible alternative penalties in the majority of cases.
People under probation are no longer in prison but remains under the supervision of the State. They must comply to the following:
- A regular court appearance.
- regular or periodic drug tests.
- Submitting to electronic monitoring system or house arrests.
People who are on probation for felonies lose the following rights:
- Right to hold office
- Right to serve on a criminal jury
- Right to serve on a civil jury
- Right to vote.
Length of Probation
Probation can last up to 3 years for misdemeanors and gross misdemeanors and up to 5 years for felonies.
It is possible for an early termination of probation. There are cases where the judge grants them.
Probation Revocation Hearing
A probationer that has been accused of violating their probation is entitled to a “Probation Revocation Hearing” to defend themselves and to argue the charges made against them. Penalties such as returning to prison is one of the consequences if the court ruled against the probationer and revokes the probation.
Probationers are permitted to have legal representation at the probation violation hearing. Contacting Ross Goodman can help you with your probation violation; either avoid returning to State Prison, or a shorter stay in prison. Results often depend on the gravity of the case.
Parole happens when a person was sentenced to State Prison and is given an early release. The parolee must also comply with laws and conditions of his parole officer. If he violated the rules chances are the parolee will be arrested and sent back to prison.
Before the parolee is sent back to prison, he/she is entitled for “parole violation hearing“. The hearing aims to prove if the parolee has really violated the laws and conditions of his parole officer. All parolees are entitled to choose a criminal defense lawyer of their choice.
Locations of Parole Hearings
- High Desert State Prison
- Florence McClure Women’s Correctional Center
- Northern Nevada Correctional Center
Conditions of Probation
The probation conditions depend on the type of offenses committed and negotiations achieved. The Judge at the time of sentencing will dictate in which the conditions of probation it will be. Below is a list of the more common restrictions and conditions of parole or probation:
- Regularly reporting to a probation officer;
- A probation officer will give permission before changing place of residence;
- In some cases, drugs and alcohol are banned;
- Regular tests for illegal drugs, narcotics, and dangerous drugs;
- Any type of weapon possession will be banned;
- Associating with known gang members and felons will be banned;
- Full cooperation with the probation officer and the terms of your probation is expected;
- Complying with all the laws and being a good citizen is mandatory;
- State travel is banned;
- Looking and maintaining for an employment approved by the probation officer is mandatory;
- Probation officer has the right to conduct a search of parolee’s vehicle, person, or place of residence;
- At times, it is necessary to pay for monthly supervision fee;
- Additional and special conditions may apply.
Your probation officer and legal representative can clarify the conditions of probation and the penalty for violating the probation.
Common Violations of Probation
Nevada Court can set parameters for the trial of a person. However, the common violations of probation are as follows:
- Failure to maintain employment;
- Failure to follow curfew;
- Failure to stay in the jurisdiction;
- Possession of firearms;
- Consuming alcohol or other drugs;
- Not reporting to probation officer;
- Not appearing for a mandatory court date;
- Not paying a court-ordered fine or restitution;
- Getting arrested or cited for another crime while on probation;
- Refusing to submit to or failing a mandatory drug test;
- Fail to comply with court order.
Your legal counsel goes before the judge and schedules a hearing to determine whether you have violated your probation. In the meantime, continuously carrying out the terms of probation will most likely make the Judge take your side once you show seriousness about completing probation.
Consequences of Probation Violations
- The probationer forfeits all or part of the credits for good behavior earned during probation;
- Forfeiture may be made only by the court after proof of the violation and notice to the probationer;
- Probation may be cancelled and imprisonment restored.
There could be more than a few other consequences for violating probation. Stay in contact with you probation officer and a well-informed criminal defense legal counsel to make sure you stay in observance with your probation.
The future of the juvenile depends on keeping out of further trouble. Ross Goodman will work with the judicial system to do everything to keep you or your loved one out of prison.
Criminal Defense Lawyer for Parole and Probation
If you have been accused of violating probation or parole infringement, call a criminal defense lawyer for a free legal consultation!
Last Updated: August 31, 2016