Peter Blair | March 19, 2016 | Probation
If you have been arrested for a crime, you may have questions about probation and parole. The truth is, many people confuse the two as they think they are the same thing when in all reality, they are not. There are many differences between probation and parole. Now you can find out more about these sentences and what to expect.
Probation is the period of time before somebody is sent to prison or jail. You can consider it as a rehabilitative period, because often times a defendant will be sentenced to give them a chance to show that they can fit back into society after a crime was committed. Those on probation have limitations just like somebody who has gone to prison. What happens if you are on probation and you violate the order? If you were using drugs, out past a curfew, or caught committing another crime, you are in violation and your officer will notify the court or prosecutor responsible for your case. The prosecutor may file a complaint to have your probation revoked and have you placed back in prison. If they decide not to put you back in prison, they may increase the severity of your conditions such as place you in a halfway house, put you on home detention, or enroll you in an intensive supervision program. In many states, if you violate your probation, you will probably be allowed to roam free while the judge makes a decision on what happens next. The prosecutor must be able to prove that there was actually a violation at your hearing. This means that they must show evidence “beyond a reasonable doubt.” If the judge finds in favor of the prosecutor and decides that there was indeed a violation, they may choose to revoke your probation and give you a new sentence like the one they would have originally given you. This means that he or she can sentence you up to the maximum prison term allowed for the crime committed.
Parole is the period of time after a defendant is released from prison. Many of the same controls and safeguards involved with probation are also prevalent in parole. A defendant on parole will report to a parole officer, who explains the rules and expectations as well as monitoring all progress. If a defendant does not follow what is written out for he or she in their parole conditions, they could be brought before the parole board for appropriate consequences to be given. If The Board chooses to do so, they can revoke the defendant’s parole and order them to return to prison and finish their sentence. If a defendant is sentenced up to thirty years in prison, then they can be on and off parole for up to thirty years – the cap on parole follows the sentence.
Differences Between Parole and Probation
In all reality, there are many similarities between parole and probation. For instance, they are both used somewhat as rehabilitative measures rather than just punishment for a crime. They are supposed to help a defendant break bad habits and behaviors. However, parole takes things one step further because those on parole are typically working toward reintegration into society. A defendant’s conditions of probation and parole alike can be amended or changed if the situation calls for it. There are differences in the conditions of both. For example, a defendant on probation is usually subject to the jurisdiction of the court, which means the judge has a right to modify the conditions of probation. However, changes in parole are usually not the result of a court order. They are set by the parole board and for all defendants. Have you been arrested for a crime and are either on probation or parole? Do you have questions about your case? Are you seeking an attorney who will help you with your case when you are feeling at your lowest? We are a law firm that works for you. Call us today at The Law Office of Peter Blair to find out what you can do.