Nevada “Probation Revocation Hearing” – How It Works

If you are accused of violating your probation conditions in Nevada, you are entitled to a probation revocation hearing.

At the hearing, your attorney may defend you and argue for you to remain on probation. If the court finds that you broke the rules, it can impose various penalties.   

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding probation violation hearings:

• 1. How Probation Works
• 2. Violations
• 3. Revocation Hearings
• 4. Penalties
• 5. Jail v. Probation
• Additional Reading

1. How Probation Works

Most people convicted of crimes in Nevada are eligible for probation instead of incarceration. To remain out of custody, probationers must follow all the terms the judge imposes.

Ten typical terms of probation include:

1. educational classes, such as DUI School in DUI cases
2. counseling, such as Narcotics Anonymous in drug possession cases
3. restraining orders, such as in domestic violence cases
4. monetary fines, restitution, and/or community service
5. random drug testing
6. regular court appearances
7. electronic monitoring and intensive supervision
8. regular meetings with a probation officer (“P.O.”), but only in felony and gross misdemeanor cases
9. a judicial order to “stay out of trouble”, meaning to avoid any further arrests or citations
10. a “suspended sentence” of jail time or prison time that will be imposed if the terms are violated

The length of probation depends on the seriousness of the criminal case, as the following chart shows:

However, note that judges may not grant probation in very serious felony cases such as:

• murder,
• first-degree kidnapping,
• sexual assault,
• attempted sexual assault of a child under 16,
• lewdness with a child, or
• habitual criminal.²

Note that probation is not the same as parole. Learn more in our articles, What is the difference between parole and probation? and parole violation hearings.

A common probation term is random alcohol testing or testing for controlled substances.

2. Violations

A violation of probation is when you allegedly defy a term of your probation. Five common probation violations in Nevada are:

1. not paying a court-ordered fine or restitution,
2. failing to appear for a mandatory court date, or not reporting to your P.O.,
3. refusing to submit to a mandatory drug test, or failing the test,
4. skipping court-ordered counseling or rehab, and
5. getting arrested or cited for another criminal offense while on probation (in most cases, getting parking tickets or minor speeding tickets will not violate probation).

If the police, prosecutors, or your P.O. has probable cause to believe that you violated a condition of probation, one of three things may happen:

1. you get arrested and taken before a judge who may or may not grant you bail;
2. you are mailed a “summons” to appear in court on a certain date; or
3. the judge issues a bench warrant for your arrest (in this case, your attorneys should try to get the warrant “quashed” as soon as possible).³

Once you or your attorney goes before the judge, the court will then schedule a hearing to determine whether you have violated probation. If the judge allows you to remain out of custody until the hearing, you must continue carrying out the terms of your probation.

Some judges give probationers a second chance following a violation.

3. Revocation Hearings

A probation revocation hearing (also called a “probation violation hearing” or a “revo hearing”) provides you many of the same rights you have at a criminal trial, such as:

• the right to testify,
• the right to be represented by a lawyer,
• the right to call and cross-examine witnesses, and
• the right to present evidence.

Otherwise, revocation hearings are very different than trials. Instead of a jury determining your guilt or innocence of a crime, a judge determines whether you violated probation.

Plus, prosecutors do not have to prove beyond a reasonable doubt that you violated probation. Instead, the evidence must reasonably satisfy the judge that you violated probation, which is a low standard.

If the judge rules in your favor, your probation will be “reinstated” and everything will go on as before. If not, the judge may either modify the terms of the probation to make it harsher or else revoke probation altogether.⁴

Defendants can be represented by an attorney during probation revocation hearings.

4. Penalties

The more minor your probation violation, the more likely the judge will grant you a “second chance” and allow you to remain on probation.

Though the more major the probation violation, the more likely the judge will revoke probation, unsuspend your sentence, and remand you to jail or prison to serve your original sentence.

Some period of incarceration and/or residential confinement (“house arrest”) is the typical consequence of violating your probation in Nevada. In determining the final sentence, the judge considers such factors as:

• how serious your alleged violation was,
• your criminal record,
• how long you have complied with your probation terms and exhibited good behavior before the violation occurred, and
• recommendations by the Nevada Department of Parole and Probation.⁵

Also see our articles on

• Discharge from probation in Nevada (NRS 176A.850),
• Probation Violation Consequences in Nevada – What Can happen?, and
• Probation Revocation – What is it and how can I avoid it?

Probation violation consequences in Nevada may include harsher probation terms or going back to jail or prison.

5. Jail v. Probation

Some people would rather serve time in custody than juggle their daily life with probation responsibilities.

However, a jail or prison sentence is highly unpleasant and carries a social stigma. Given the choice, it is always recommended that you do probation instead of incarceration.

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.

Legal References