Though being on probation or parole may be better than the alternative, it's not exactly a walk in the park either. The expectations of probationers and parolees can be vast, and the constant fear of violating terms and being incarcerated is cause for some serious anxiety.
Discrepancies, misconduct, or any type of new offense while on probation or parole can lead to revocation proceedings and the imposition of any lawful sentence previously ordered.
If you have been accused of violating terms of your probation or parole, contact us today and let us help get you reinstated and back on track.
Sometimes a judge will impose probation instead of a prison sentence on individuals convicted of committing less serious crimes. Although this means the defendant is free from confinement, he or she is still under supervision of the court.
Probation is a trial period during which the probationer is subject to critical examination and evaluation before being granted greater freedoms. While on probation, a person is assigned a probation officer who oversees that certain conditions are met. If a condition of probation is violated, the court may place additional restrictions on the probationer, or even order a term of imprisonment.
Sometimes a judge will order probation in addition to jail time. In cases like these, the criminal defendant will often serve his or her jail time and then be placed on probation immediately following release. In general, however, probation is reserved for individuals who earn it through a lack of criminal history, stipulations made between broth defense counsel and the prosecutor, or through persuasion and argument at the time of sentencing.
While probation is offered as an alternative to prison, parole is sometimes granted as an early release therefrom. More specifically, parole is the conditional release of a prisoner prior to the expiration of that person's sentence. Parole is given on a case-by-case basis, usually as a reward for good behavior. Unlike probation, which is ordered by a judge, parole is granted by members of a parole board.
At Nevada State Prison, every inmate is placed on parole following release. During their parole period, ex-inmates are required to report to parole officers who monitor whether certain conditions are met. If it is alleged that a condition or term has been violated, the ex-inmate is entitled to a parole violation hearing. Nevada is one of the few states that also grants anyone accused of violating parole terms the right to an attorney at his or her parole violation hearing.
COMMON PROBATION AND PAROLE VIOLATIONS
Failure to Appear for Mandatory Court Date
Failure to Comply with Court Order
Failure to Pay Court-Ordered Fine/Restitution
Failure to Report to Probation/Parole Officer
Refusing to Submit to/Failing Mandatory Drug Test
If your probation or parole has been revoked, you may face jail or prison time. Residential confinement ("house arrest") is another typical penalty for someone who was found to have violated probation terms. Each case is different, but the severity of punishment generally increases with the severity of the violation. Criminal record and the length of compliance with your probation or parole terms also play a role in determining the final sentence.
Obtaining the representation of a lawyer experienced in handling probation revocation and parole violation hearings will significantly increase your chances of a better outcome. Buchanan Defense Law is highly skilled in handling these matters, and is ready to fight for your reinstatement. Contact us today to discuss your specific case.