Parole vs Probation: A Complete Guide to Understanding the Difference

According to Pew Trust, across the United States, there are nearly five million people on either parole or probation. That’s close to one out of every fifty adults!

Not only are those people part of the parole and probation systems, their families and friends are intimately connected to the system. With so many people with a stake in how it all works, there’s a great need for people to understand parole vs probation.

Read on to learn everything you need to know about dealing with parole or probation in your life!

What Is Probation?

Sometimes, someone is found guilty of a criminal offense, but the judge considers that they don’t need to go to prison. This can be the case if the person seems like they won’t re-offend, or if they just need a few extra rules in their life to make sure they don’t get into trouble.

In these situations, a judge will often release the convicted person on probation. Someone on probation must follow certain rules or else they’ll be sent to prison, both for the crime they’ve already been convicted of, and for violating the rules of their probation.

One of the most basic rules for people on probation is that they must not break any laws again. They must be on their best behavior, so even lesser crimes like littering and speeding could get them in more trouble than usual.

Depending on their crime, they will also have to follow rules like avoiding certain areas or people. These kinds of rules are often imposed on someone who the judge considers unlikely to offend crimes as long as they’re not in certain environments or influenced by certain known criminals.

In other cases, someone is perfectly law-abiding while sober, but can act unpredictably while under the influence of drugs or alcohol. In these cases, someone on probation will often be required to submit to random drug and alcohol tests. In some cases, they will even have to wear a device that monitors their alcohol intake.

What Is Parole?

The rules of being on parole are essentially the same. People on parole may be required to avoid drugs or alcohol, and to avoid certain people and places. Of course, they must also be careful to avoid committing any crimes.

On parole, you may also be required to maintain a home and a job. People with homes and jobs are less likely to commit crimes, so this is an effective way to help people keep their lives on track.

The biggest difference between parole and probation is whether or not the convicted person spends any time in jail. On probation, someone is allowed to stay out of prison right from the beginning of their sentencing. Parole, on the other hand, is when someone already in prison is released under special circumstances.

Again, both for parole and probation, they are commonly granted to people who are judged not to be likely to commit crimes as long as they avoid certain situations. To get out of prison on parole, then, you will generally have to demonstrate good behavior.

Along with the rules already discussed, whether on a probation period or on parole, you’ll have to be in regular contact with the court. There will be regular court dates and other legal events you’ll have to attend or else be sent to prison.

You will have a probation officer and you’ll have to check in with them, often by phone, to give them an update on your situation. You may also have to work to pay back the victims of any past crimes committed.

If you fail to do any of these things, you can receive a warning or be sent to court. As always, the judge will try to determine if you can live appropriately outside of prison, so lesser violations may or may not lead to imprisonment.

At the same time, repeated violations or larger violations may lead the judge to conclude that you simply cannot or will not live appropriately without closer supervision. In these cases, you will likely be sent to prison.

Should I Hire a Lawyer?

Not everything is black and white in a court. Whether you’ll be given a warning or sent to prison depends a lot on how you hire a lawyer.

A good lawyer can help the judge take note of any detail of your situation that shows that you can still live a good life outside of prison. They can help you prepare any evidence that will help your case and present your case as effectively as possible.

If you miss a check-in with your parole officer by mistake, then you have a good chance to receive only a warning. However, you must make sure to find a great lawyer to help you get the best outcome you can.

It’s also important to keep in mind the difference between court proceedings fora first offense and the court proceedings for someone on parole or in a probation period. For a first offense, we believe in “innocent until proven guilty” and other convicting people if their guilt is “beyond a reasonable doubt.”

On parole or probation, however, you’re expected to maintain your best behavior, to avoid any suspicion of criminal activity, and to follow certain rules exactly. If you don’t do your very best, the court may be far quicker to sentence you than they would be in the case of a first offense.

To make a long story short, if you’ve violated either probation or parole, then you’ll need a great probation violation lawyer for your probation hearing. Without them, an offense that could lead to a simple warning or probation period extension could end up as imprisonment instead.

Understanding the Difference Between Parole Vs Probation

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