Violating your felony probation in Nevada can trigger the judge to un-suspend your original prison sentence, which can be one or more years depending on your case. Though in my experience, it may be possible to persuade the judge not to revoke your probation at all so you can stay out of custody.
How long are felony sentences?
By definition, Nevada felonies carry a minimum of one year in state prison. The sentencing range turns on the category of felony:
| Nevada felony | Prison range (generally) |
| Category E | 1 to 4 years, though in most cases the judge grants probation |
| Category D | 1 to 4 years |
| Category C | 1 to 5 years |
| Category B | 1 to 20 years |
| Category A | Life in prison with or without parole1 |
If a judge grants you probation in lieu of prison, your term of probation can last up to five years depending on the criminal charge:
| Nevada felony | Maximum probation period |
| Violent crimes, sex crimes, and child abuse, neglect, or endangerment | 60 months |
| Category B felonies | 36 months |
| Category C felonies | 24 months |
| Category D felonies | 24 months |
| Category E felonies | 18 months |
Once you successfully finish your probationary term, you will be honorably discharged from probation. This means your criminal case is over.2
How does felony probation work?
When a judge grants you probation at your felony sentencing hearing, they will enumerate a list of conditions you need to abide by in order to remain out of prison. Common terms of probation in Nevada include:
- regularly checking in with your probation officer
- not tampering with your electronic monitoring device
- taking and passing alcohol and drug tests
- attending counseling/rehab
- not picking up any new criminal cases
If you are later arrested on a suspected probation violation, you are entitled to a probation revocation hearing. This is where the judge will determine if you indeed violated probation and, if so, whether to un-suspend your sentence and remand you to prison.
Can I avoid prison?
Although judges can remand you into custody for a felony probation violation, they are not anxious to further crowd Nevada’s prisons over what may have been a minor slip-up. During probation revocation hearings, I have had great success in persuading judges that:
- there was no probation violation to begin with; or
- even if there was, a second chance is in order.
I have had cases where judges let my clients off with just a warning. Sometimes, the judge may add another term of probation (such as house arrest or community service) in exchange for not revoking probation.
My strategy is to take your probation revocation hearing just as seriously as a trial. I introduce all the available favorable evidence and present every possible mitigating factor, such as:
- you have otherwise been compliant while on probation;
- the probation violation was an unintentional accident; and/or
- you are not a flight risk or a safety risk.
Certainly, the best way to avoid prison is to be extremely careful while on probation and not to do anything that gives the appearance of being in violation.
Judges have the discretion to grant probationers second chances following a probation violation.
Additional resources
For more information, see our related articles:
- Parole and probation in Las Vegas – What’s the difference?
- Four tips for early termination of probation in Nevada
- What are Presentence Investigation (PSI) Reports in Nevada?
- “Probation violation” in Nevada – 3 things that can happen
- What happens if I violate probation in a Nevada DUI case?
- Misdemeanor probation in Nevada – 3 key things to know
- Interstate Compact in Nevada – A Guide
