What is the difference between probation and parole?

What is probation? Probation and parole are two alternatives to incarceration. However, probation occurs prior to and often instead of jail or prison time, while parole follows release from prison.

In both probation and parole, the party is supervised and expected to follow certain rules and guidelines. These guidelines are called conditions of parole or probation conditions. In both circumstances, the party is expected to submit to warrantless searches without probable cause. If they violate their probation or parole, they can go back to prison or jail.

Keep reading to compare the differences between probation and parole and understand the expectations of each.

Compare the Differences Between Parole and Probation

The functions of the formal probation and parole process tend to be very similar. Both are concerned with a defendant breaking the bad habits or behaviors that caused them to have a criminal record. Even though both probation and parole have a strong rehabilitation component, each process has the additional goal of protecting the public from criminal offenders.

Parole has the additional function of trying to reintegrate a defendant into society. Depending on the nature of a defendant’s offense, the conditions of probation or parole can be amended or changed.

For example, if a defendant is convicted of molesting a child, they may be ordered to stay away from parks and playgrounds where children frequent. A parole violation could mean an immediate return for more time in jail to serve their original sentence or an extended period.

The conditions of both parole and probation must somehow relate to a defendant’s rehabilitation or underlying offense, but they can vary. A defendant on probation is usually still subject to the jurisdiction of the court. So when parole goes into effect, the judge has the right to amend or modify a defendant’s conditions of probation at any point. Any changes usually come in the form of an order that modifies a defendant’s conditions.

Parole changes are not usually the result of a court order. Instead, parole conditions are usually set by the parole board, and they are for all defendants. For example, all defendants are banned from committing new offenses.

Changes in conditions or procedures related to those conditions do not come from the original judge but instead come from the parole officer or parole board. Instead of a criminal proceeding, these changes are referred to as administrative proceedings. This is an important distinction because a defendant is afforded more state and constitutional protections in a criminal case than an administrative hearing. A probation violation is also more standardized.

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What is parole?

Parole refers to the period of time after a defendant is released from prison. For many crimes, a parole board meets to evaluate each case and determine if the prisoner can become a parolee.

A defendant on parole will face many of the same controls or safeguards as probation. Conditions of parole may include requiring a defendant to stay in a halfway house or other approved housing and continuing with payments on fines and other financial obligations.

Instead of a probation officer, a defendant on parole usually reports to a parole officer. The parole officer explains the rules of parole and the expectations of a party on parole to the defendant and monitors their progress.

As with regular probation, if a defendant fails to comply with his parole conditions, then the parole officer could file a report with the parole board. The parole board may, based on the defendant’s behavior while on parole, order the defendant to return to prison to finish the remainder of their criminal sentence.

What is probation?

Even though the person is not subject to a jail sentence, they may be subject to many of the same conditions of jail time, including curfew rules, rehab programs, community service, wearing electronic monitoring, and more. They are often subject to monthly or more frequent drug and alcohol tests by urinalysis.

While on probation, a probationer can be ordered to pay a fine, court costs, restitution, and any court-appointed attorney fees.

How long someone will be on probation can range from one year to up to ten years. Many states will cap the length of time that a person can remain on probation as an alternative to jail.

The probation officer monitors offenders and submits regular reports to the judge, advising them of any failure to abide by probation terms of probation. This is done for public safety without overtaxing the prison system. If there is a violation of probation, the judge can order a capias to be issued requiring a defendant to be returned to court for final sentencing.

After sentencing, a defendant is ordered to serve actual time in prison. If the defendant has a suspended prison term, he is usually sent straight to prison to serve his time.

The Difference Between Probation And Parole: How to Protect Your Rights

Most people are very concerned about having good legal representation when they are first facing a criminal charge. This is a valid concern. However, most states provide several state and constitutional protections to ensure that a defendant receives due process.

Defendants should use as much diligence in procuring a good criminal defense attorney to assist with parole issues as they did with the initial crime. Part of the reason for this is that constitutional procedures and protections tend to be much lower in parole revocation situations because they are more administrative in nature.

When there are fewer built-in protections, a defendant needs external protections the most. Use our free tool below to find an affordable attorney near you.

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Case Studies: Probation and Parole

Case Study 1: Probation

John is convicted of a non-violent drug offense and is sentenced to five years of probation. As a condition of his probation, John must attend regular drug counseling sessions, submit to drug tests, and maintain steady employment. He is assigned a probation officer who monitors his progress and ensures he complies with the conditions of his probation.

Throughout his probation period, John successfully completes the required counseling and maintains a clean drug test record. At the end of his probation, John’s sentence is considered fulfilled, and he avoids serving time in jail.

Case Study 2: Parole

Emily is serving a ten-year prison sentence for armed robbery. After serving five years of her sentence, she becomes eligible for parole. The parole board reviews her case and determines that she has shown significant rehabilitation and poses a low risk of reoffending. Emily is granted parole and released from prison early.

As a condition of her parole, she must regularly report to a parole officer, maintain employment, and attend counseling sessions. Emily successfully complies with the conditions of her parole and reintegrates into society as a law-abiding citizen.

Case Study 3: Probation Violation

Michael is sentenced to three years of probation for theft. As a condition of his probation, he is ordered to pay restitution to the victim and attend theft prevention classes. However, Michael fails to make the required restitution payments and repeatedly misses his scheduled classes.

His probation officer files a report with the court detailing his violations. As a result, Michael’s probation is revoked, and he is sentenced to serve the remaining time of his original sentence in jail.

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