Blogs from August, 2021

If you are convicted of a crime in Nevada, a judge may impose probation, in lieu of—or along with—a jail or prison sentence. The main purpose of probation is to rehabilitate an offender, rather than punish him/her.

Common terms of probation may include:

1. Community service

2. Random drug testing

3. Routine meetings with a probation officer

4. Regular court hearings

5. Educational courses

6. Counseling

7. Electronic monitoring or intensive supervision

8. Fines and/or restitution

9. A judicial order to avoid further criminal activity

10. A suspended sentence of jail or prison will be imposed if a person violates the terms of probation

According to Nevada law, probation may last for up to one year for gross misdemeanors, 18 months for Category E felonies, two years for Category D or E felonies, three years for Category B felonies, and five years for sex or violent crimes. However, probation is not granted to individuals convicted of murder, sexual assault, attempted sexual assault of a child younger than 16 years old, lewdness with a child, first-degree kidnapping, the offense of being a habitual criminal.

Violating probation means defying one or more terms of the probationary period. If the police or prosecution has probable cause to believe that you allegedly violated your probation terms in Nevada, you may be arrested and appear in front of a judge, receive in the mail a “summons” to appear in court, or the judge issues a bench warrant for your arrest.

Common types of probation violations include:

1. Failing to report to your probation officer

2. Failing to appear in a court hearing

3. Failing to pay a court-ordered fine or restitution

4. Failing or refusing to submit to a drug test

5. Failing to comply with a court order

6. Getting arrested or cited for another criminal offense while on probation

If you are accused of violating your probation, you can request a “probation revocation hearing” with the help of your criminal defense attorney. However, these hearings are much more difficult to win compared to regular trials because the prosecutors must only prove you violated your probation “by a preponderance of the evidence,” rather than “beyond a reasonable doubt.”

If a judge finds that you have violated one or more terms of your probation, the court may order you to a term of house arrest, temporarily revoke probation and impose a term of incarceration, or completely revoke your probation, so you must serve the remainder of your sentence behind bars.

If you have been accused of violating one or more terms of your probation in Reno, contact the Law Offices of Kenneth A. Stover today for a free case review. Get a former prosecutor on your side!

If you have been accused of committing a felony in Nevada, you may be able to get the charge reduced to a gross misdemeanor. Although a criminal defense attorney’s initial goal in a felony case is to have the charge dismissed, the next best situation is to reduce a felony to a misdemeanor through a plea deal, especially if the district attorney refuses to throw out the case altogether.

Felony offenses that can be reduced to misdemeanors are known as “wobblers” in Nevada. They are known by that name because state judges have the authority to treat them as either a felony or a gross misdemeanor.

The following are some of the common wobbler crimes in NV:

1. Attempted drug possession or possession with intent to sell or distribute

2. Attempted drug sale

3. Attempted battery

4. Attempted violation of a restraining order

5. Attempted arson

6. Abuse, neglect, or exploitation of an elder or vulnerable person

If you have been arrested for a Category C, D, or E felony, then a judge has the discretion to reduce your felony charge to a gross misdemeanor. The judge will consider the facts and circumstances of the case, the nature of the alleged crime, your criminal history, and your personal history.

The following are several disadvantages of being convicted of a felony, rather than a misdemeanor:

1. Disqualify you from certain jobs (after prospective employers run a background check)

2. Cause state licensing boards to deny certification

3. Loss of gun rights

4. Barred from serving on a jury

5. Difficulties finding housing or obtaining a loan

Therefore, having a felony reduced to a misdemeanor would help you avoid most of the problems listed above. In addition, you may obtain record sealing for a misdemeanor in a shorter amount of time compared to sealing a felony conviction.

If you have been arrested for either a misdemeanor or a felony in Reno, contact the Law Offices of Kenneth A. Stover today for a free case review. Get a former prosecutor on your side!