Probation Violations in Nevada

When a probationer is arrested for a violation, the court considers the system of graduated sanctions adopted by the Division of Parole and Probation, if applicable (NRS 176A.630(1)). For a violation that is not a 'technical violation' (for example, a new felony or gross misdemeanor, domestic battery, DUI, a violent crime, or absconding), the court may continue or revoke probation, order residential confinement, execute the sentence, or reduce the prison term and execute it. For technical violations, once graduated sanctions are exhausted, the court may continue probation, order residential confinement, or temporarily revoke probation with imprisonment of up to 30 days for the first, 90 days for the second and 180 days for the third temporary revocation, with full revocation for a fourth or later revocation (NRS 176A.630(2)). A probationer held for a technical violation must be brought before the court within 15 calendar days or be released, and gets credit for time served while waiting (NRS 176A.630(3)-(4)). Drinking alcohol, a positive drug or alcohol test, failing a treatment program, failing to keep a job, failing to pay fines or fees, or failing to report a change of address cannot by itself be the only basis for revocation (NRS 176A.630(6)).

Nevada's rule on court-appointed lawyers: A defendant charged with a public offense who is unable to employ counsel makes an oral request to the district judge, justice of the peace, municipal judge or master; the request 'must be accompanied by the defendant's affidavit' stating that the defendant lacks means to employ an attorney and setting out specific facts about the financial disability. The judge or master must forthwith consider the application, may make further inquiry, and if satisfied that the defendant lacks means and that representation is required, appoints counsel. The section sets no numeric income cutoff and no fee to the defendant. NRS 171.188

Lawyers set their own fees, and Nevada has rules on how they may charge. See hiring a criminal defense lawyer in Nevada for fee rules, how to check a lawyer's license and free help.

How release before trial works in Nevada: 'A person arrested for an offense other than murder of the first degree must be admitted to bail' (NRS 178.484(1)); a person arrested for first-degree murder may be admitted to bail unless the proof is evident or the presumption great (NRS 178.484(4)). The court must hold a pretrial release determination 'within 48 hours after a person has been taken into custody' (NRS 178.4849). Bail or release conditions may be imposed only as 'the least restrictive means necessary to protect the safety of the community', with findings explaining why (NRS 178.4851). In setting bail, the court must consider 'The financial ability of the defendant to give bail,' the nature of the offense, the defendant's character, and the NRS 178.4853 factors (NRS 178.498), which include length of residence in the community, employment history, prior criminal record, and danger to the victim or community. Certain arrests (for example, some domestic battery offenses) may not be admitted to bail sooner than 12 hours after arrest. NRS 178.484, 178.4849, 178.4851, 178.4853, 178.498 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Nevada expungement and record sealing rules.