Matthew Underwood, who starred in Nickelodeon's "Zoey 101," was arrested recently for a probation violation – a misdemeanor offense in Florida. Underwood was placed on probation in April for Possession of Marijuana. According to the violation report, Underwood did not attend court ordered substance abuse counseling and he failed a drug test. When his probation officer received the positive drug test results, the officer got a warrant for Underwood's arrest.
In Nevada, a Probation Violation is not charged as a separate offense. Instead, the alleged probation violator is usually arrested and brought before the previous sentencing judge. The defendant has a right to contest the probation violation charge. If the defendant denies the charge, an evidentiary hearing will be held. At the hearing, the State bears the burden of presenting sufficient evidence to support the allegation. If the State fails to meet its burden, the charge is dismissed and the defendant is reinstated on probation with the same terms and conditions.
If the State does meet its burden of establishing the violation, then the Court can: (1) revoke probation and impose the underlying sentence; (2) revoke probation but impose a lesser sentence; (3) reinstate the defendant on probation with the same terms and conditions; or (4) reinstate the defendant on probation with additional or modified terms of conditions (which may include jail time). In the case of a drug offense such as Possession of a Controlled Substance, the Court may elect to reinstate the defendant but require the offender to participate in a high level of drug treatment, such as in-patient treatment or drug court.
If you or someone you know is facing charges for Drug Possession or Probation Violation, it is important that you contact a Las Vegas Criminal Defense Attorney right away. The
Las Vegas Criminal Defense Lawyers at Brown Law Offices can assist you by analyzing the facts of your case, identifying applicable offenses and developing the most aggressive defense strategy possible to protect your legal rights.