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Las Vegas Criminal Defense

The Basics of Probation in Criminal Defense Matters in Las Vegas

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According to the Bureau of Justice Statistics of 2016, approximately 1 in 55 adults nationwide were under community supervision known as probation or parole.  While probation and parole are two unique alternatives to jail or prison time, a term commonly heard in criminal defense matters, and the criminal justice system as a whole, is probation. Probation is one of the ways an individual can bypass jail or prison time for criminal activity. Today, we will discuss probation in Nevada, some of the consequences of probation and the violations that often send people to jail.

What is Probation in Nevada?

As stated above, probation is an alternative to jail time. A judge can enforce probation in lieu of sending a person to jail.

While probation is not an option for certain crimes — murder, kidnapping, rape – the court can grant probation for gross misdemeanors and felonies.

Under Nevada law, probation for a misdemeanor lasts up to three years and up to five years for a felony.

If a person gets a probation sentence, the program comes with consequences and conditions such as the following:

  • Frequent meetings with probation officer
  • Drug treatment
  • Random drug testing
  • Counseling
  • Home searches
  • Curfew
  • Fines and restitution
  • Community service

Common Probation Violations in Las Vegas

A probation violation occurs when a person fails to adhere to the terms of the probation. Common probation violations in Las Vegas include:

  • Failure to report to probation officer
  • Arrests and traffic tickets
  • Failure to appear to court
  • Nonpayment of fines

Upon violation of probation, the judge can issue a bench warrant, and the person can be arrested by the police, or required to appear in court.

Probation Issues Across the Country

Probation is associated with good behavior and is much like a rehabilitation program. However, studies reveal that minor infractions often send people back behind bars. Studies such as these sparks a discussion for improvement in community supervision programs within the criminal justice system.

A study in a Los Angeles Times report shows that many people fail probation and go back to jail or prison issue to conduct that would be legal for a person not on probation – eating lunch with a friend who has a criminal record, for instance. According to this article, sending people back to jail for minor violations costs $2,8 billion a year.

Another article in PEW states that 4.5 million people are on probation or parole. This number represents twice the amount of people incarcerated in state and federal prisons and local jails. And, between 1999 and 2016, the probation population rose 24 percent.

Lobo Law is Here to Help with Your Probation Questions.

Adrian Lobo is an experienced Las Vegas criminal defense lawyer who understands that jail time can be a terrifying experience. Without qualified legal help, a person can be taken advantage of and given the strictest penalties available. If you’re facing a probation violation, call Lobo Law to schedule a consultation at 702-290-8998.

Resources:

pewtrusts.org/en/research-and-analysis/issue-briefs/2018/09/probation-and-parole-systems-marked-by-high-stakes-missed-opportunities

latimes.com/opinion/editorials/la-ed-parole-violations-recidivism-20190622-story.html

https://www.lvcriminallawfirm.com/when-mistaken-identity-is-not-just-a-criminal-defense-but-the-truth/

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