When you are on probation or parole, there are a long list of conditions you are required to abide by. Disregarding even one of them can result in a charge of probation or parole violation, which can have severe consequences. In the case of a probation violation, you may be required to serve the original suspended sentence, including going to prison. For a parole violation, you can be returned to prison to serve the rest of your original sentence.
Las Vegas criminal defense attorney Joseph Gersten will aggressively defend you if you are facing a probation or parole violation charge anywhere in Clark County. He will apply his substantial trial and investigative experience and use his knowledge of the Las Vegas criminal justice system to secure the best possible result for you.
When a suspended sentence is imposed for a negotiated plea agreement on a criminal charge, you will be on probation until the full sentence term expires. The probation term in Nevada can be three (3) to five (5) years, depending on the offense, and is sometimes even shorter. A suspended sentence and probation includes a number of conditions imposed by the court. The terms can be numerous and include a wide range of required activity and prohibited conduct.
If you're on probation, you continue to be under court supervision and are required to report to a probation officer for the entire probation term. Failing to abide by any one of the terms imposed by the court constitutes a violation of the probation, which can result in having the full original sentence reinstated. That can include going to prison.
Common reasons for probation violations include:
Consequences of violating probation can include:
If you are facing a probation violation charge, you are entitled to a probation revocation hearing. You have the right to be represented by legal counsel and to produce evidence and witnesses at the hearing. You can also cross-examine witnesses against you. Defending against a probation violation charge is extremely important.
Being represented by an experienced criminal defense attorney will provide the best opportunity for disproving the violation or finding a resolution to the charge with less severe consequences. Depending on the circumstances, your lawyer may also be able to help you to come into compliance with the terms of probation before the hearing. While that doesn't remove the violation, it may put you in a better position at the hearing.
A person who has served part of a prison sentence and is released early will be on parole for the remainder of the sentence term. Parole is accompanied by numerous conditions, just as probation is. A parole officer supervises the parole conditions during the entire term. If you are on parole and fail to abide by any of the conditions, you can face a parole violation charge.
The common reasons for violation of parole conditions are similar to those for probation violations. Likewise, the consequences of a parole violation can be very severe. Parole can be revoked entirely, and you can be returned to prison to finish the entire original sentence. You also risk forfeiting all or part of good behavior credits earned during your parole.
You have the right to a hearing if you are facing a parole violation charge. At the hearing, you are entitled to be represented by an attorney, to present evidence and witnesses, and to cross examine any witnesses against you. Having knowledgeable counsel represent you is strongly advised. Depending on the circumstances, your attorney may be able to demonstrate that no violation occurred or at least be able to minimize the consequences of a violation by presenting evidence and witnesses in your favor.
There are numerous Nevada statutes that apply to probation and parole violations. Some provisions relate to the process — such as the hearing requirement — and some relate to sanctions that can be applied if a violation is found to have occurred. Only a criminal defense attorney familiar with all the requirements can ensure that your rights and interests are fully protected throughout the process. Especially since a probation or parole violation carries with it the risk of being sent to prison, skillful legal representation throughout the process is critical.
If you are facing a probation or parole violation charge in Las Vegas, Henderson, or elsewhere in Clark County, Las Vegas attorney Joseph Gersten will discuss and evaluate your case based on his extensive criminal defense and investigative experience. Your initial consultation is free-of-charge. Call 702.857.8777 or complete our online form to schedule an appointment.