1. Many felony crimes are probationable.
Although Nevada felony convictions carry a minimum one-year state prison sentence, you still could be eligible for felony probation in lieu of incarceration. Chances of getting felony probation are higher if:
- the felony you were convicted of is not a violent crime;
- you have no prior criminal record; and
- no firearms or other deadly weapons were involved.
For example, felony probation is the standard penalty for a first- or second conviction of recreational drug possession (as long as the amount of drugs is small). The case will even be dismissed if you successfully complete all the probation terms (including rehabilitation and drug testing).1
Similarly, many third-time DUI defendants can avoid the usual one-to-six year prison sentence by doing Felony DUI Court – an intensive rehabilitation program. Then upon successful completion, the felony charge will even be reduced to a misdemeanor.2
Even residential burglary is probationable as long as
- there were mitigating circumstances,
- there were no deadly weapons, and
- you have no prior convictions for burglary or home invasions.3
2. Felony probation lasts up to 5 years.
The length of felony probation in Nevada varies depending on the severity of the offense:
| Nevada felony | Maximum probation period |
| Violent felonies | 60 months |
| Sex felonies | 60 months |
| Child abuse, neglect, or endangerment felonies | 60 months |
| Category B felonies | 36 months |
| Category C felonies | 24 months |
| Category D felonies | 24 months |
| Category E felonies | 18 months |
Note that category A felonies (such as murder and rape) are never probationable.4
3. Early termination of felony probation is possible.
You are always free to ask the court to let you off of felony probation early. In fact, Nevada’s Division of Parole and Probation must petition your court recommending that you be discharged from probation early if all of the following are true:
- You have been compliant for the past year (including abiding by any restraining orders, completing community service, etc.);
- You are paid up on all probation-related fees;
- You have paid all court-ordered victim restitution (unless the Division verified that you cannot due to economic hardship);
- You finished all court-ordered programs; and
- You have not been convicted of a violent or sexual offense as defined in NRS 202.876 or a violation of NRS 200.508.
Keep in mind that early termination of probation is not guaranteed, and it is ultimately up to the court to decide whether to release you ahead of time.5
4. Felony probation is supervised.
Unlike misdemeanor probation, felony probation in Nevada is very formal and has much stricter rules.
Not only are you assigned a probation officer (P.O.) you have to check in with on a regular basis. You are also subject to travel restrictions that prohibit you from leaving the state without prior approval from your P.O. or the court.6
Depending on your particular case, you may even have to spend all or part of your probation under electronic supervision. This is where you wear a GPS-monitoring ankle bracelet so that law enforcement can track your every move.7
The most important thing is that you abide by all your probationary terms and give your P.O. no reason to think you have violated them. Otherwise, you risk having your probation revoked (discussed below).
5. Violating felony probation can result in prison.
If your Nevada P.O. suspects you violated any term of your felony probation, the court will likely issue a warrant for your arrest. You are then entitled to a probation revocation hearing, where you can present evidence of your compliance and challenge the allegations against you.
Probation revocation hearings are easy for the state to win. They only have to prove that you violated probation “by a preponderance of the evidence,” which is way lower than the “beyond a reasonable doubt” standard in criminal trials. Typical evidence prosecutors rely on includes:
- failed alcohol/blood test results
- video surveillance footage, eyewitnesses, or GPS records showing you traveling to a forbidden “exclusion zone”
- testimony from treatment counselors that you were a no-show
If the judge finds that you violated probation, that does not necessarily mean they will revoke probation. Instead the judge can:
- let you off with a warning or
- allow you to stay on probation but with more stringent terms
Though if the judge does decide to revoke your probation, you will be remanded to prison to serve out your original sentence.8
It is strongly advised that you have an experienced Nevada criminal defense attorney representing you at your probation revocation hearing.
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?
Legal References
- NRS 453.336.
- Nevada Senate Bill 277 (2017); see Specialty Court Program Overview, Nevada Supreme Court; NRS 484C.340 NRS 484C.400.
- NRS 205.060.
- NRS 176A.500. Wicker v. State, 111 Nev. 43, 888 P.2d 918, 111 Nev. Adv. Rep. 6. (Note that the maximum probation period for gross misdemeanors is 12 months.)
- NRS 176A.850.
- Interstate Compact for Adult Offender Supervision (ICAOS). Interstate Commission for Adult Offender Supervision, bylaws and Chapter 2.
- See NRS 176A.540.
- See, for example, Lewis v. State (1980) 90 Nev. 436; Cooper v. State (2018) .
