Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

November 1, 2011

What is the difference between probation and parole?

If you are at all familiar with criminal cases from television or otherwise following criminal trials in the news, you have probably heard of two similar-sounding terms: probation and parole.  You may be wondering what these two terms mean and what the difference is between them.  Both of these terms have to do with how someone found guilty of a crime returns to society, but they are two distinct terms with different meanings.

Probation is a sentence that can be given to someone found guilty of a crime.  It is generally given instead of jail time and means that although the person is free to return to society, they must meet specific conditions defined by the court.

Parole generally refers to someone who has been found guilty of a crime, has served time in prison, and has been released early—perhaps because of good behavior in prison—to serve out the rest of their sentence in society.  As with probation, parole carries certain terms with it that the person must meet.

Whether a person is sentenced to probation or is out of prison on parole, the conditions the person must meet generally include some or all of the following.

Check-in with a probation or parole officer. A probation or parole officer is a person assigned by the court who is responsible for supervising the actions of the person who was sentenced to probation or is out of prison on parole.  This means the person has to check in with the officer periodically—perhaps weekly or monthly—so the officer can ensure their situation is such that it can help the person stay out of additional trouble with the law.  This includes the officer monitoring the person’s place of work, where they live, the family and friends they associate with, and in general any other aspect of their lives deemed relevant.

Do not commit any crimes. If a person commits a crime while on probation or parole—possibly even including a misdemeanor—it is usually considered a violation of the terms of that person’s probation or parole.  In such cases, there is a highly likelihood the person will have to go to prison for the original crime for which they received probation or are out on parole, not to mention receive additional punishment as appropriate for the new crime.

Stay employed. The terms of probation and parole generally include having to obtain and keep a job.  This is because in general a person who is employed has less time to get into further trouble when they are working.

Attend counseling sessions. Depending on the nature of the crime, the person on probation or parole may have to attend some form of therapy or drug or alcohol abuse sessions.

If the person sentenced to probation or out on parole does anything to violate the terms of probation or parole, the probation or parole officer can notify the court and the person runs the risk of having their probation or parole revoked.  This means the person will likely receive jail time for the original crime.

If I am accused of violating the terms of my probation or parole, what should I do?

If you have been accused of violating the terms of your probation or parole, you should seek help from a criminal defense attorney.  Probation or parole violation can result in serious prison time if you are found guilty.  Therefore, you should not take a chance by addressing the situation without help.  A criminal defense attorney will have the experience and training needed to help you get the best possible outcome.

If you complete the short form found at http://www.criminaldefensehome.com/eval_bar.php, a criminal defense attorney will review your case free of charge, with 100% confidentially, and with no further obligation to you.  Completing the form is easy.  And you have every reason to get all the help you can in mounting a good defense against the charge of violating probation or parole, so please get the help you need today.