Probation Violations

Las Vegas Violation of Probation Attorney

It is easy to violate probation as the conditions are often very strict. The consequences for even a slight violation probation can carry harsh penalties. Many times, violators will be sentenced to serve out their original sentence. This makes it critical for an accused individual to immediately learn about their defense options and fight back.

Attorney Joseph Gersten is experienced in helping clients avoid severe punishments for their probation violations. He will fight to make sure you get the justice you deserve if you contact the office to get help with your specific case before it is too late.

The Law Office of Joseph Gersten will work with you, and do everything possible to keep you out of jail or prison. When a probationer is accused of violating probation the probationer will be brought before a District Court Judge for a probation violation hearing.

Probationers are entitled to legal representation at the probation violation hearing. If you contact Joe Gersten, it may be possible to avoid returning to State Prison or it may be possible for Attorney Gersten to get you a shorter stay in prison. Results depend on your particular situation. Call Joe Gersten on (702) 857-8777, to discuss your probation violation.

Nevada Probation Violation Information Center

What is the Difference between Parole and Probation?

Parole

Parole is when a person has been sentenced to prison, started serving his prison time, and then was given early release (parole) for the remainder of his prison sentence. During the release period, the parolee is required to complete tasks and abide by the rules of his parole officer. If the parolee violates their conditions of release, the parole officer can arrest him, place them in prison, and take them before the Nevada Parole Board for a violation hearing.

Probation

Probation is when a person has been sentenced to a term of prison, but the prison sentence is suspended for a period of time. If the person completes probation, typically a three (3) or five (5) year period, without a violation then their case will be closed without serving time in prison. However, if a person is found to have violated their probation, then a Judge may impose the original prison sentence and send them to State Prison.

What are some Conditions of Probation?

Depending on the type of offense committed and the negotiations reached, there can be many different conditions of probation. Bear in mind, it is the Judge at the time of sentencing that dictates what the conditions of probation will be. The following is a list of the more common restrictions and conditions of Nevada parole or probation:

Regular reporting to a probation officer.
Before changing your place of residence, permission from your probation officer.
No drugs and alcohol in some cases.
Regular drug testing.
No possessing any type of weapon.
No associating with with known felons or gang members.
Full cooperation with the probation officer and the terms of your probation is expected.
You must comply with all laws and basically conduct yourself as a good citizen.
No out of state travel.
Probationer must look for and maintain employment approved by the probation officer.
The right to conduct a search of parolee’s vehicle, person, or place of residence by the probation officer.
Sometimes payment of a monthly supervision fee.
There may be additional special conditions that apply.

Your probation officer and attorney can explain the conditions of probation and the consequences for violating the probation.

Typical Violations of Probation

The sentencing judge can set different parameters for a person’s probation. Some of the more common probation violations are listed below:

Failing to maintain employment
Failure to follow curfew
Failure to stay in the jurisdiction
Possession of firearms
Consuming alcohol or other drugs

Depending on the offense, there can be other violations of probation. As an example, in a violent crime case, there may be an additional condition of probation to not contact the victim.

Probation officers sometimes present a very difficult situation for a convicted person to deal with. Many times these officers are overworked and have too many cases to deal with. A fair assumption is that all probation officers will not keep good records of what you have done or what they have told you. Therefore, it is very important for you to keep your own set of records. For every class you complete, you should have your own receipt for payment. Everything you do for your probation, you should secure proof that you did it. Without having your own proof, a probation officer can forget, and say that you never did whatever it was, and without proof you will not be able to fight the accusation.

Consequences of Probation Violations

Nevada Revised Statute 176A.635 covers the consequences for violating probation.

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 revoked and prison time reinstated

There could be several other consequences for violating probation. Keep in contact with you probation officer and a knowledgeable criminal defense lawyer to make sure you stay in compliance with your probation.

Juvenile Probation

A lawyer can assist juveniles who are accused of violating the terms of their probation. It is especially important for those who are young to get the best representation possible. The future of the juvenile depends on keeping out of additional trouble. The Law Office of Joseph Gersten will work with the judicial system to do everything to keep you or your loved one out of jail. Contact Joseph Gersten in the Las Vegas area to discuss your legal options before it is too late.

Resources

Nevada Department of Public Safety - Division of Parole and Probation - Nevada's DPS division of Parole and Probation (P&P). It is the philosophy and practice of this Division that each offender is responsible for his or her behavior and for the choices they make each day.

Nevada Board of Parole Commissioners – Describes the conditions of parole and the steps that people on parole need to follow in Las Vegas.

4000 S. Eastern Ave Suite 130
Las Vegas, NV 89119
(702) 486-4370

Finding the Best Las Vegas Parole Violation Defense Lawyer

If you have a probation or parole violation charge, contact the Law Office of Joseph Gersten for a free legal consultation. Joseph Gersten is an experienced defense attorney in Las Vegas who is dedicated to working for the resolution of your probation case.