In the state of Nevada, probation eases prisons overcrowding and often improves a convicted offender’s prospects for rehabilitation. Most persons convicted of crimes in Nevada – with the exception of violent felons convicted for crimes such as rape or murder – may be eligible for probation as an alternative to jail or prison. Probation in Nevada can last up to five years if you’re convicted of a felony and up to three years if you’re convicted of a misdemeanor. If you’re charged with a crime in the Las Vegas area, an experienced Las Vegas criminal defense attorney can fight aggressively on your behalf. But even in the worst scenario – the evidence is overwhelming and you’re convicted – a good defense lawyer will keep fighting for your freedom when it comes to sentencing.
Usually in Nevada, probation requires keeping regular appointments with a probation officer, submitting to random drug tests, performing community service, participating in regularly scheduled counseling sessions, and agreeing to electronic monitoring by wearing an ankle bracelet. Tampering with the ankle bracelet, missing a meeting with a parole officer, or any other violation of the terms of probation can be dealt with harshly. You’ll go before a judge who will determine if you are in violation. However, since you’ve already been convicted, a prosecutor only needs to prove that a “preponderance” of the evidence points to a probation violation. Your guilt does not have to be proven “beyond a reasonable doubt.” If the judge agrees with the prosecutor, your probation can be extended or revoked, and you could be incarcerated.
Your Miranda rights belong to you at all times, but the police are required to explain your rights only when you’ve been arrested. Your Miranda rights include: the right to remain silent and to understand that whatever you say can be used against you in court; the right to have a lawyer present during any interrogation; and the right to have a lawyer appointed for you if you cannot afford one. If you are questioned by the police – whether they say so or not – you always have the right to remain silent, and it’s always wise to exercise that right.
If you are charged with violating your probation in Nevada, now or in the future, you’re going to need an aggressive defense from a good criminal defense lawyer. Your job or schooling and your ability to support your family are all at stake if you go to jail. If you are accused of violating the terms of your probation, arrange at once to speak with an experienced Las Vegas criminal defense attorney.
Is House Arrest the Same As Probation?
If you’ve ever seen someone wearing an ankle bracelet that looks like it’s attached to a cell phone, that person is probably under “house arrest.” In Nevada, if you are convicted of a misdemeanor, it’s possible to “serve” your sentence at home instead of behind bars. Judges are not always open to the option, but an experienced Las Vegas criminal defense attorney may be able to persuade a judge to approve house arrest. Defendants convicted of first offenses are more likely to be granted house arrest (also called “home confinement”) than offenders with a criminal past. House arrest is also a common sentencing alternative in misdemeanor and felony Nevada DUI cases.
While it may beat the county jail, house arrest is no party. The person sentenced to house arrest has to pay for and constantly wear an expensive electronic surveillance bracelet so that the state can keep track of you at all times. You’ll receive unannounced visits from a probation officer, and you may be ordered to submit to drug tests without warning. And any violation of the terms of your house arrest can end it instantly and land you in jail.
In Nevada, house arrest is also an alternative for defendants awaiting trial, especially when they’re charged with white-collar crimes or lesser misdemeanors. If a judge believes you need not be in jail but should not be free either, the judge may order house arrest for the duration of the trial.
Judges order different terms and conditions, but typically an offender under house arrest may leave the house for work or school, court appearances, drug testing, and counseling sessions. A defendant under house arrest may travel only to and from court-approved locations. You can’t even stop for a snack or a soft drink on the way; the electronic monitoring equipment will notify law enforcement that you’re violating the terms of your house arrest.
If you’re charged with a crime in Las Vegas, you’ll need help from a good Las Vegas criminal defense lawyer. If you are convicted despite your attorney’s best efforts – perhaps the evidence against you was overwhelming – house arrest may be a possibility. If you face a criminal charge anywhere in the greater Las Vegas area, now or in the future, get the legal help you need and speak at once with an experienced Las Vegas criminal defense attorney immediately.
Hire An Experienced Las Vegas Criminal Defense Attorney
Always be candid and frank with your defense attorney. The important thing is following your attorney’s advice and thoughtfully considering his or her recommendations. Lawyer-client confidentiality covers all of your communications with your defense lawyer, so if your lawyer asks for the whole story, you can tell it without fear. However, be certain that what you say to your lawyer is actually the truth, because if you mislead your attorney and have to change your story later, it makes defending you effectively much more difficult.
For anyone charged with a crime in the United States, your right to have an attorney is a basic, constitutional right. If you’re interrogated or arrested, insist on your right to have an attorney present during any questioning. Make sure that your rights are protected and that your side of the story is heard. If you are facing a criminal charge in the Las Vegas area, speak with an advocate – an experienced Las Vegas criminal defense lawyer – as quickly as possible.