How do I challenge a violation of parole or probation?
If you are on parole or probation in the state of Nevada and feel that you have been falsely accused of a violation, there is a process you can follow to challenge the violation. First, you should be aware that a parole or probation violation hearing is not a criminal hearing. A parole or probation violation is a violation of the conditions of the sentence you must follow as part of the terms of your release from prison or other correctional facility. Before the violation hearing, you should get a copy of the parole board’s rules and regulations as well as all pertinent documents from your probation or parole officer. You also have the right to have an attorney present at the hearing and the right to call witnesses to testify on your behalf. During the hearing, the judge will consider evidence to determine whether or not the parole or probation violation occurred. It is important to remember that the burden of proof is on the parole or probation officer to prove the violation occurred beyond a reasonable doubt. You have the right to question any witnesses or evidence presented at the hearing in order to dispute the claims of the violation. Once the judge has reviewed all of the evidence, they will then decide whether or not the violation occurred. If the judge determines a violation did occur, you will likely receive a sanction such as an extended period of probation or jail time. If the judge decides no violation occurred, then any sanctions against you are reversed.
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