A probation violation is when you break one of the terms and conditions of your probation, such as committing a new crime or not completing your community service. There are three typical consequences, each progressively more severe:
- The judge lets you off with just a warning;
- The judge lets you stay on probation but with harsher terms (which can include some jail time); or
- The judge revokes your probation and orders you to jail or prison.
What is a violation of probation?
A probation violation is when you break one or more of your conditions of probation. Ten examples of probation violations in Nevada are:
- Failing a blood- or urine drug test.
- Drinking alcohol while wearing a SCRAM alcohol-detection bracelet.
- Breaking curfew.
- Not paying a fine or victim restitution.
- Not completing court-ordered rehab, counseling, or other classes.
- Contacting a protected party in a restraining order.
- Failing to check in with your probation officer.
- Not completing court-ordered community service.
- Leaving your home while on house arrest/home confinement.
- Tampering with your electronic monitoring anklet.
If your probation officer or law enforcement suspects you violated probation, they will inform the court. The Nevada judge may then issue a bench warrant for your arrest and keep you in custody until your probation revocation hearing.1
What is a probation revocation hearing?
You are entitled to a court hearing – a probation revocation hearing – to contest allegations that you violated your probation.
Probation violation hearings resemble trials in that you can testify on your behalf, cross-examine witnesses, admit evidence, and be represented by a criminal defense lawyer. But there is one big difference between probation revocation hearings and criminal trials.
The state only has to show by a preponderance of the evidence that you violated probation in order for the judge to revoke your probation and remand you into custody. This is a much lower bar than the criminal trial standard of beyond a reasonable doubt.2
What is probation versus parole?
Parole is when you get released from your prison term early. In contrast, you are granted probation to avoid serving a jail- or prison term in the first place.
Otherwise, parole and probation operate similarly since they allow you to remain out of custody but with strict rules.
As a parolee, you are assigned a parole officer (similar to a probation officer). And if you violate a term of parole, you get a parole violation hearing to defend yourself.
How can a defense lawyer help?
Suppose you are accused of violating your probation. In that case, a criminal defense attorney will conduct a thorough investigation of the alleged violation and compile all the evidence available in an attempt to show that there is insufficient proof that you violated probation.
If the judge finds that you violated probation, your attorney would then try to show that you deserve to be given a second chance and remain on probation. Your attorney can do this by touting all your redeeming characteristics, such as your:
- cooperative and compliance with law enforcement
- ties to the community
- employment and family
- community service
If you are unrepresented, it is up to you alone to face the judge at your probation revocation hearing to try to convince them to allow you to remain on probation. It is a very daunting and intimidating experience, especially if you do not have a legal education.
By having an experienced attorney represent you, you can remain silent and allow them to make your case. Plus an attorney knows what to say to maximize the odds of you getting to remain out of custody.
Remember, probation violation hearings are more difficult to win than criminal trials because the prosecution’s burden of proof is much lower. That is all the more reason to rely on skilled counsel to advocate on your behalf.
Additional Resources
For more in-depth information, refer to the following scholarly articles:
- Legal and Extralegal Factors Associated with Success on Misdemeanor Probation – Open Journal of Social Sciences.
- Fugitives from Justice: An Examination of Felony and Misdemeanor Probation Absconders in a Large Jurisdiction – Federal Probation.
- New Directions in Misdemeanor Probation – Judicature.
- Felony probation: A re-examination of public risk – American Journal of Criminal Justice.
- Probation and Felony Offenders – Federal Probation article on how probation factors into felony sentences.
See our related articles on What happens if I violate probation in a Nevada DUI case?, Early termination of probation and What is the difference between parole and probation?.
