What Is the Difference Between Parole and Probation?

A common question many people ask after being accused of criminal activity is, “What is the difference between parole and probation?” Many know that there are alternatives to prison, but fewer people understand the difference between these two possibilities. By understanding how these two alternative sentencing options differ, those charged with a crime can make more informed decisions.

What Is Probation?

Probation is a court-ordered alternative to incarceration. It allows individuals to serve their sentences under supervision while staying at home or in the community where they feel most comfortable. Rather than being forced to live in prison, a person on probation can live at home while complying with specific conditions that are outlined by the court during their ruling.

Some key aspects of probation include:

• Eligibility: In many cases, probation is granted to individuals who were convicted for the first time or for a lesser offense. This means the court does not believe allowing them to recover in public puts the rest of the community in any danger.
• Conditions: Those who are granted probation as punishment must follow very strict rules. This can include attending regular meetings with a probation officer, maintaining their job, and avoiding committing any new crimes. They might also be required to complete so many hours of community service per week.
• Supervision: Probation officers keep an eye on those who are on probation to ensure they remain compliant with their orders. If an officer spots any violations, it can lead to even stricter penalties. In some cases, the court may order the probation to end and request that the individual go to prison.
• Length of probation: Deciding how long an individual must remain on probation is up to the court. The duration will vary based on how severe the crime was.

What Is Parole?

Parole is designed to allow inmates to serve part of their sentence outside of prison and in the community under specific conditions. Unlike probation, parole is granted after an individual has already spent some time in prison. It is often awarded to individuals who have demonstrated good behavior and appear to be on the path to rehabilitation.

Some key aspects of parole to understand include:

• Eligibility: Parole is typically granted to inmates who have already served some of their prison sentences. It’s up to the staff at the prison to determine if someone is suitable for early release based on good behavior, signs of rehabilitation, and a lack of concern over their risk to the general public.
• Conditions: Parolees must follow strict conditions to prevent themselves from returning to prison. This includes regular check-ins with an officer, maintaining employment, not engaging in any new criminal activity, and sometimes wearing an electric monitor to ensure they are staying at home.
• Supervision: Just like probation, a parole officer will closely monitor an individual on parole to ensure they are remaining compliant with the order. If a parolee is caught violating these terms, it’s possible they will be sent back to prison and be forced to serve the remainder of their sentence.

Which One Is More Lenient?

While there are many similarities between probation and parole, many will consider probation to be the more lenient option. This is because it allows individuals to avoid incarceration altogether. Parole is only granted to someone after they have already spent time in prison, which means at the time of sentencing, the court is not comfortable with the idea of the defendant being out in public.

Regardless of which option a person is sentenced to, parole and probation will both place them under legal supervision. They will need to demonstrate that they are capable of following the rules set forth by the justice system. If they struggle to follow these rules, their chances of being freed earlier are unlikely. Violating the conditions of probation or parole indicates that the individual may still struggle to follow the law after being released.

FAQs

Q: Can Someone Refuse Probation or Parole?

A: Yes, while it’s rare, a defendant does have the right to refuse probation or parole if they are not interested in those sentencing options. Making this decision will require the individual to complete their full sentence in jail or prison. Defendants sometimes make this choice because they do not want to comply with the conditions of either arrangement or prefer to complete their sentence in prison rather than at home.

Q: What Happens if Someone Moves to a Different State While on Parole or Probation?

A: If someone needs to move to a different state while in the middle of their parole or probation sentence, they will need to secure approval from their supervising authorities. Permission can be requested through the Interstate Compact for Adult Offender Supervision (ICAOS). This entity coordinates the transfer of probationers and parolees between states. If approval is not secured in this manner, the individual could face even greater criminal penalties.

Q: Does Being on Probation or Parole Affect My Employment Opportunities?

A: Yes, being on probation can impact the type of job you are able to secure. The extent of this impact will depend on the type of job and conditions of your supervision. For example, some employers will conduct background checks and find that you are on probation or parole. Depending on the role’s responsibilities, they might not feel comfortable hiring you. Your new job also cannot interfere with your curfew or required meetings with your officers.

Q: Can Someone Travel While on Parole or Probation?

A: Whether or not someone can travel while on parole or probation will vary on a case-by-case basis. It’s true that many in these situations are required to stay within a specific jurisdiction for their sentence. A travel request can be made, which will be reviewed by their parole or probation officer. Sometimes, this is approved so an offender can visit family, attend a work event, or seek medical treatment. Unauthorized travel can lead the individual to face even more violations.

Contact the Law Offices of Huffman & Kendrick Today

If you have any more questions about the similarities and differences between parole and probation, contact our firm today. Whether you have just been charged with a crime or are looking to see if you are now eligible for parole or probation, we would be happy to assist you.