In Nevada criminal cases, the terms of probation are a set of rules and conditions that you are legally required to adhere to while serving your sentence outside of jail. Violating a term of probation can cause the judge to impose the original jail or prison sentence.

What are probation terms in Nevada?

If you get convicted of a crime in Nevada, you may be able to avoid jail or prison by going on probation instead. Twenty common terms are:

1. abiding by a curfew, such as staying home between 9 p.m. and 5 a.m.,
2. wearing an electronic monitoring device,
3. doing home confinement (house arrest),
4. wearing a SCRAM alcohol detection bracelet,
5. not having contact with the victim(s),
6. not going to certain locations, such as the victim’s home and place of work,
7. checking in regularly with a P.O.,
8. not using drugs and alcohol,
9. going to a drug or alcohol rehab program, such as AA or NA,
10. going to anger management and/or impulse control classes,
11. going to counseling (individual and/or group),
12. doing community service,
13. staying employed,
14. showing up to required court appearances,
15. taking random drug and alcohol testing (blood, breath, or urine tests),
16. having warrantless searches and seizures by law enforcement,
17. attending DUI School and a Victim Impact Panel (in DUI cases),
18. paying fines,
19. paying restitution to the victim(s), and/or
20. not getting into any more trouble with the law (there is usually an exception for minor traffic tickets)

Depending on the case, probation can last up to five years. If you abide by all the terms, then you can remain out of jail/prison. Though if you slip up, the original jail/prison sentence can be imposed.¹

What are probation violation hearings?

When you are taken into custody for violating Nevada probation rules, you are entitled to a probation revocation hearing (PRH). PRHs look like trials, but the D.A. does not have to prove that you broke a rule beyond a reasonable doubt. Instead, the prosecutor needs only to “reasonably satisfy” the court that you broke a rule.

Therefore, if you are lucky enough to get probation to begin with, you should “wear a halo” and be extremely careful not to do anything that could be misinterpreted as a violation. Since the burden of proof to prove a violation is so low, there is a good chance that you could be sent to jail/prison even when you did nothing wrong.

For example: If you are ordered to avoid alcohol, you should go out of your way not to shop at places that sell alcohol or walk by bars.

Or if you are ordered to avoid contact with the victim, you should block the victim’s numbers on your phone.

Or if you are ordered to be home by 9 p.m., you should make sure to be home well before then: The P.O. does not care if a traffic accident on the road beyond your control is the cause of your lateness.

Violations That Should Not Revoke Your Probation

Nevada courts may not revoke probation solely because of one of the following violations:

Can I get early termination?

Depending on the case, you may be eligible for early termination of probation in Nevada. In some cases, the Probation Board is required to recommend early termination to the court.

Otherwise, I can file a motion asking the court to end the probation before schedule, and the judge would hold a hearing on the matter. Judges will likely deny the motion if you have ever broken a term and have not paid any fines and restitution in full.³

Can I travel?

You need advanced approval from your P.O. to travel between states if you are on probation for a felony or certain serious misdemeanor criminal offenses. This is because Nevada is part of the Interstate Compact of Adult Offender Supervision (ICAOS).

Traveling against ICAOS rules would be a probation violation. Learn more in our article, “Interstate Compact” in Nevada – A Quick Legal Breakdown.

What if I am on probation in a federal case?

Federal law imposes the following ten probation requirements:

1. You must not commit another federal, state, or local crime.
2. You must not unlawfully possess a controlled substance.
3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the Court, not to exceed 104 tests annually.
4. You must cooperate in the collection of DNA as directed by the probation officer.
5. You must comply with the requirements of the Sex Offender Registration and Notification Act (42 U.S.C. § 16901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you reside, work, are a student, or were convicted of a qualifying offense.
6. You must participate in an approved program for domestic violence.
7. You must make restitution in accordance with 18 U.S.C. §§ 3663, 3663A, or any other statute authorizing restitution.
8. You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.
9. If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.
10. You must notify the court of any material change in your economic circumstances that might affect your ability to pay restitution, fines, or special assessments.⁴

Violating a term of federal probation may cause you to be returned to custody, similar to Nevada state law.

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.

Also see our related articles: Parole and Probation in Las Vegas – What’s the difference? and Misdemeanor probation in Nevada – 3 key things to know.