Probation Violation Hearings - In Nevada

At a probation violation hearing, you have the same rights that you would have at a trial. Except you don't have a jury that makes the decision, it's a judge. You have the right to confront and cross examine witnesses. You have the right to subpoena witnesses or evidence on your behalf. You have the right against self incrimination. You also the right to testify at a probation revocation hearing. Another major difference between a probation revocation hearing and a trial is, that at a criminal trial, the standard of proof is proof beyond a reasonable doubt. At a probation revocation hearing, the standard of proof is preponderance of the evidence. So in some cases, even evidence that's not very strong, that tends to show you violated probation, may be enough to result in a violation of your probation. If your probation is violated, the judge, if it's a felony, could send you to state prison. If a suspended sentence has been imposed, that suspended sentence likely will be imposed. If it's a gross misdemeanor, a judge could send you to jail for up to one year. Again, it's really important to have your attorney endeavor to negotiate. Oftentimes your attorney can negotiate to have a lesser sentence imposed if you're willing to admit that you violated the terms and conditions of your probation. Finally, sometimes when a person has come close to satisfying the terms and conditions of their probation and picks up a violation near the end of their probationary period, the judge may simply just agree to dishonorably discharge the probation without the imposition of additional sanctions or prison time. The downside is that a dishonorable discharge from probation will prevent you from ever being able to seal your criminal record for that charge.