Winchester Probation Violation Defense Attorney
If you are charged with a crime in Winchester,NV it is much more advisable to go under probation than proceed directly to custody. Probation is a three to five-year service done outside of prison by a person convicted of a crime. Normally, it is provided as an option aside from a jail sentence for first-time offenders or non-violent cases. The prison term is automatically suspended during the probation period.
If an offender completes the probation without violating the terms, his case will be closed even without staying in prison. However, some rights are lost during probation. These include the right to own a weapon and vote. In addition to that, a probationer cannot leave the jurisdiction.
Probation is not offered for some crimes like conviction for a consistent offense, first degree of kidnapping, murder, and sexual assault, etc.
What is Probation Violation?
Probation violation is an offense brought about by breaking the terms and conditions of probation. It occurs when a probationer disobeys the rules or acts against them. The weight of punishment relies on several factors such as prior violations, (if any) as well as the nature and severity of the violation. Penalties include a jail sentence, extended probation, and heavy fines.
Common Probation Terms in Winchester
Probation terms and conditions are decided and established by the judge when a criminal case is at the sentencing stage. In Nevada, the following terms may be included:
- Not allowed to contact the victim of a crime;
- A phone call or personal meeting with a probation officer regularly;
- Banned from owning any weapon;
- Drug testing;
- Staying away from legal trouble during probation;
- No leaving of jurisdiction especially without permission;
- Becoming subject to a search of his property, home, etc
How Probation Is Violated
Probation is different in each state. It is usually administered by federal and state law. When can you say that probation is violated? Probation violation takes place when a person under probation chooses to ignore or avoid its conditions; thereby breaking the terms during the probation period.
A probation violation can occur in many different ways. Some circumstances can include the following:
- Failure to report to the assigned probation officer at the scheduled time and location;
- Failure to pay required fines;
- Failure to perform restitution to the victim as ordered by the court;
- No show at a scheduled court appearance on a set date and time;
- Travel without permission from the probation officer;
- Use and selling of illegal drugs;
- Committing other crimes and offenses;
- Arrest due to crimes and offenses
What Happens When Probation Is Violated?
The following are what will happen upon the convicted’s violation of probation.
- Issuance of Warning
There is actually no standard procedure as to what should be done after a report of a probation violation has been made. Yet, you may be issued a warning or be requested to appear in court for a probation violation hearing. During this hearing, the probation officer assesses the severity of the violation and the type of condition surrounding the probation violation. He will also determine if there had been any violations or warnings issued to the convicted before. The request to appear in court made by the probation officer may potentially have a jail time penalty for the violator.
- Determination of Probation Violation
This time, the sentencing judge will determine the nature, seriousness, and severity of the probation violation during the hearing. By a preponderance of the evidence, the prosecutor proves that a violation has occurred or at least a likelihood of more than 50 percent. History of previous probation violations is also considered by the judge.
Shortly after the hearing, sentencing takes place after the probationer has been found guilty of the violation. The sentence may be probation extension, the imposition of additional probation terms, brief service time in jail, revocation of probation and a permanent jail sentence. There are many factors that a judge may consider in determining the punishment for the violator. Some of them are the nature of the violation and whether it is a first offense or a repeat offense.
Reach Out to Our Winchester Attorneys
A prosecuting attorney may intensify your penalties once you’re proven guilty of probation violation. It is not enough to rely on the truth, your conscience, or merely on yourself. Justice is served when you fight with the right probation violation attorney. In Las Vegas Criminal Lawyer, you will never run out of great lawyers who have the ability to help you win your case. To have a better chance of keeping the probation active and in your favor, it is essential to hire lawyers who can mitigate the violation damages.
Call Las Vegas Criminal Lawyer today at (702) 602-9110 for your Free Consultation with a Probation Violation Lawyer.