Probation grants people convicted of crimes in Las Vegas with limited freedoms, allowing them to retain some normalcy while serving their sentences. For example, certain probation provisions allow individuals to live out their terms without having to spend time in prison. Others can also retain limited rights like traveling outside of the state, subject to the court’s consideration.
However, a lot of convicted individuals in Las Vegas tend to overstep their freedoms and violate their probation. Such acts have an appropriate penalty, depending on the severity of their violations. Have a look below for the consequences of violating a Las Vegas probation.
The Warning Phase
As with many other parts of the Las Vegas legal system, a first offense of violating probation would come off with a strongly-worded warning from the judge. Said reprimand may cite what specific provisions were violated. It will also come with a direct warning that any continued violations can lead to reduced freedoms.
The warning phase should give enough time for the defendant to consider whether future actions will constitute a violation of probation provisions or not. Even when there are no direct penalties, it should act as a wake-up call for the defendant to be more conscious about their actions while serving their term.
Removing Certain Privileges
In the event that the probation violation is repeated, or is severe enough to be a major concern, the judge in charge of the case will send out a warrant for the re-arrest of the offender. They will be required to appear at a probation revocation hearing concerning their case. They can still be allowed to prove they have probable cause for violating the terms.
If they fail to do so, the court can opt to remove some of the privileges the offender currently enjoys on probation. This may include prohibiting limited out-of-state travel, reimplementing house arrest, or increasing the frequency of wellness check-ins with the probation officer. The level of reduced privileges depends on the severity of the violations.
Outright Revocation
Habitual or severe probation violations automatically grant the judge the right to revoke an offender’s probation and send them back to prison to serve the rest of their sentence. This also means that all other requirements must be satisfied in full again, if there had been a negotiation during the probation hearing to reduce some of the penalties. This can include financial restitution to the victims, for instance.
Probation revocation is non-reversible and can have far-reaching consequences for the offender even if they’ve completed their sentence. For example, if they are imprisoned again for a different crime, they will have a harder time requesting probation because of their previous record. Even worse, the court may bar them from ever seeking probation because of their previous violations.
Probation provides offenders with a chance to retain some of their liberties, so long as they follow the provisions. Failure to do so will cause serious legal headaches in the offender’s future. Consult with a veteran criminal defense attorney to understand what constitutes a probation violation and seek ways to avoid such legal issues.