1. Most misdemeanor crimes are probationable.

Misdemeanors are more serious offenses than felonies. Consequently, Nevada judges are more willing to impose rehabilitative sentences like probation rather than punitive sentences like jail, especially for first-time offenders.

The length of your misdemeanor probation term will depend on the specific crime you were convicted of, but it rarely lasts longer than one year.

Probation terms

To remain on misdemeanor probation in Nevada, you must comply with a set of probation requirements unique to your case. Five common terms include:

1. abiding by a restraining order,
2. payment of fines, fees, and restitution,
3. community service,
4. completion of drug or alcohol counseling or treatment, and
5. no further criminal activity.

Misdemeanor probation is typically referred to as “informal probation” because you are not assigned a probation officer (in most cases).¹

2. You may be able to get off probation early.

Early termination of probation is never guaranteed, but it is a possibility if you comply with all of the requirements of your probation and show good behavior during the probation period.

To seek early termination of probation, you must file a motion with the court. (Your criminal defense attorney can do this for you.)

The court may then schedule a hearing where you (or your attorney) can present oral arguments for why you should be granted early termination of probation. The court will consider relevant factors, such as

• the nature of the misdemeanor,
• your compliance with the terms of probation,
• your criminal history, and
• your behavior during the probation period.

If the court grants your motion, you will be released from probation early. This discharges you from probation for good, and your case is closed.

Community service is a common term of misdemeanor probation.

3. Violating probation can land you in jail.

Staying out of custody on probation is a privilege, not a right. If you violate a term of probation, the judge has full discretion to revoke (cancel) your probation and remand you to jail to serve out the remainder of your sentence.

Five common probation violations are:

1. failing an alcohol or drug test
2. failing to show up to counseling or community service
3. breaking curfew or going to a restricted area
4. failing to pay fines or restitution
5. picking up a new criminal case (failing to “stay out of trouble”)

Before the judge can revoke your probation, you are entitled to a probation revocation hearing.

Probation violation hearings

Probation revocation hearings are similar to trials, but they are much harder to win. The state does not have to prove beyond a reasonable doubt that you violated probation; instead, they just have to prove their case “by a preponderance of the evidence.”

At the hearing, the court will consider

• the nature and severity of the violation,
• your compliance with the other terms of probation, and
• any other relevant factors.²

Consequences of violating probation

If the court determines that you violated the terms of your probation, it can:

• let you off with a warning, leaving your probation intact;
• impose harsher terms to your probation, which may include a stint in jail; or
• revoke your probation and impose your original jail sentence.

It is important to take your probation seriously and comply with all of the terms and requirements.

If you are struggling with any aspect of your probation, such as drug or alcohol counseling, it is important to seek help. Your criminal defense attorney can help you find resources and support.

Related articles

• Four tips for early termination of probation in Nevada
• Parole and Probation in Las Vegas – What’s the difference?
• “Probation Violation” in Nevada – 3 Things That Can Happen

Legal References