Probation Revocation Hearing NRS 176A
In many cases, people are granted probation instead of going to jail or prison. However, if you violate the terms of your probation by getting new charges or fail to complete your court requirements, you will be in violation of probation and a judge may sentence you to the underlying jail or prison sentence. You will also lose any plea deal you may have entered if you violate your probation, if it was agreed upon between your defense counsel and the prosecutor that your original charge may be reduced or even dismissed if you successfully complete probation. Therefore, if you violate probation a judge may revoke your probation, modify the probation or reinstate your probation.
You will be given the opportunity to retain counsel, testify, call and cross examine witnesses and present evidence at a revocation hearing. It is important to continue with your probation requirements even though you violated in order to help your case before the court. Your attorney will present any mitigating factors at the hearing and confront any witnesses that are alleging that you violated probation. Various factors will weigh in determining to revoke your probation, such as the charge(s) you are on probation for, what the new alleged violation is, what requirements you have completed so far and other factors.
You should retain counsel at a revocation hearing to ensure the state has met their burden and to present evidence with the goal of not having your probation revoked.