There are several similarities between parole and probation, which leads many people to confuse these two terms. But, parole and probation are very different. If you are facing criminal charges, it’s imperative to understand the difference between parole and probation.
Before vs. After
Both parole and probation are seen as alternatives to incarceration. However, people who are sentenced to probation get to avoid jail time altogether, but that not is the case for people on parole. Probation is served instead of jail time, whereas parole begins after an individual is released from prison. Individuals who are released on parole get to serve the remainder of their sentences in the community instead of behind bars.
Violations
People who are on probation or parole are required to comply with certain conditions. Some examples include checking in with a probation or parole officer, refraining from consuming alcohol or doing drugs, and maintaining employment. If someone violates the terms of their probation or parole, they will face consequences.
Someone who violates the terms of their parole will most likely be sent back to jail to complete the remainder of their original sentence. However, people who violate their probation are not always ordered to serve time behind bars. Some of the other consequences that you may face for violating the terms of your probation include community service, fines, counseling, and an extended probationary period.
Goals
Probation and parole share several similar goals, including punishing the defendant for committing a crime, protecting the community, and deterring the defendant from committing additional crimes. However, there is one goal that is unique to parole. The justice system uses parole to help defendants transition back into the community. Defendants are under supervision while on parole, so a trained parole officer can ensure they are reintegrating with society without becoming involved with other criminals or engaging in dangerous behavior.
Grantors
A judge will typically grant probation to defendants who have not committed serious crimes and do not have a prior record. However, a judge does not get to decide whether an inmate is granted parole. As long as the defendant has not been sentenced to life without parole, he may be eligible for parole after serving a certain amount of time behind bars. The defendant will then meet with a parole board, not a judge, who will decide whether or not the individual should be granted parole. The judge who presided over the criminal case may make recommendations to the board, but there is no guarantee that the board will take the judge’s advice.
If you are facing criminal charges, seek legal representation from Reisch Law Firm as soon as possible. Our criminal defense attorneys will help you understand all of the possible consequences that you may face, including probation and parole. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
