You have been convicted of a crime in Las Vegas. This is your first offense. If a judge sees that you are genuinely remorseful and not a threat to the community you may be able to avoid custody altogether by being put on probation. A judge may decide to put you on probation for a period of time if he or she feels you are not likely to reoffend and are responsible enough to function without the structure provided by jail.
Probation is when you are out of custody but are still under the supervision of the court either through “good behavior” probation or probation supervised by a probation case manager.
The difference between parole and probation is that probation is a sentence that a judge can give instead of jail or prison time.
Probation is available only in limited circumstances.
Being placed on probation in Las Vegas means that you must comply with certain terms and conditions such as:
- regular drug and alcohol testing,
- paying set fines and restitution, and
- reporting to a probation officer on a regularly scheduled basis.
When you are on probation for a felony you lose certain civil rights such as: the right to vote, the right to serve on a jury, or the right to hold office.
The Nevada Department of Public Safety supervises defendants placed on probation by a District Court. The type of probation depends on the type of crime you were convicted of.
Intensive supervision program (ISP)
The Nevada Department of Public Safety’s Intensive Supervision Program (ISP) provides enhanced supervision for people who have been charged with crimes of violence, crimes involving the sale or trafficking of drugs or other controlled substances; or someone who has an active gang affiliation, chronic substance abuse issue, or a history of mental illness.
If you are on probation in Nevada the law gives the judge the authority to release you early. You are eligible for and can increase your chances of “early termination” in Las Vegas, Nevada by fulfilling all the terms of your probation including:
- Completing at least half of your probation.
- Paying all fines and restitution.
- Completing all assigned community service.
- Finishing all court-ordered classes and counselling.
Factors that may also be taken into consideration for “early termination” include:
- your honesty and cooperation with probation officers during probation including submitting to all blood and urine tests for the presence of any controlled substance,
- your age and education level,
- your current financial situation, employment history and current employability,
- your history of substance abuse,
- the amount of time between the current conviction and any past convictions,
- the type of offense and the circumstances leading up to the arrest,
- the number of people that were victimized as a result of the offense,
- the degree of psychological, financial and physical impact the victim(s) sustained as a result of the offense,
- the sophistication of the offense,
- the motive leading up to the offense and any degree of any premeditation in the offense,
- if there were any other offenders involved in the offense, and
- if a weapon was used in connection with the offense.
According to NRS 176A, early termination cannot be granted to defendants who are already serving parole or probation at the time the crime was committed, if the defendant had a past probation or parole revoked, or the defendant was convicted of:
- “first or second degree murder
- kidnapping in the first degree,
- sexual assault,
- attempted sexual assault of a child under 16,
- lewdness with a child pursuant to NRS 201.230.”
Early termination also may not be granted for habitual criminals pursuant to NRS 207.010, habitually fraudulent felons pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012” . . or if they “[h]ad previously been assigned to a program of treatment and rehabilitation pursuant to NRS 453.580 and failed to successfully complete that program.”
Getting Crimes Off of Your Criminal Record
Once you have successfully completed your probation and sufficient time has lapsed after the crime was committed there are ways to get certain crimes off your record permanently by getting the record “sealed,” or removed from the public.
A “sealed” record means that it is removed from public viewing with the sole exception being if you are charged with a new crime.
The best way to get your record “sealed” is to consult with an attorney familiar with Nevada state laws.
Being placed on probation may not be ideal. However, it is better than going to jail. If you have been placed on probation in Las Vegas, Nevada, call the expert criminal attorneys at Weiner Law to discuss the possibility of early termination of your probation at 702-202-0500 or fill out our contact form.