If you have committed a crime, then you would be convicted with parole or probation. These are the two legal possibilities that you may eventually face after committing a crime.
Most of the time, people consider using these terms interchangeably. But, there’s a substantial difference in their legal definition. So how would you determine the difference between parole vs probation? Is one penalty better or worse than the other? What degree of crime can lead you to get parole or probation? How can a lawyer help you to receive any of these after release?
Understanding the consequences of each penalty is essential when you are expecting a conviction against your charge. To know more about parole vs probation, keep reading.
What is parole?
In simpler words, parole is a legal option that enables a prisoner to request reducing his or her overall jail time. The option can be availed after observing a significant portion of a conviction.
Parole allows a convicted person to return to work after release from prison conditionally and live under the observation of a court-assigned parole officer.
After getting parole release, the convicted individual needs to report to the parole officer regularly and follow a set of instructions throughout the parole period.
If for any reason, the convict fails to report to the parole officer or does not perform according to instructions, he can be sent back to the prison to serve the remaining original conviction.
What is probation?
The main difference that differs from parole vs probation is after what type of crime you can get any of those convictions. As said earlier, parole is a sentence that is given to a prisoner who has observed some of his prison sentencing.
While probation is the supervision of the community that does not require a convict to serve jail time.
A person with a probation conviction will be directly returned to the community under the supervision of a court-appointed probation officer. Similar to parole, probation convicts have to follow certain guidelines and report regularly to a probation officer. Failure to adhere to the instructions can result in severe legal ramifications.
Parole vs Probation – Who is eligible for what?
For a parole request to be approved, a convicted person has to serve a significant amount of his prison sentence. Additionally, he must demonstrate mannered behavior during his prison time. He must have made efforts to show the correctional officer and to the judge that he is improved and reformed enough to safely get back to society.
To get a probation sentence, the jury will decide at the time of sentencing if the crime is not enough to warrant an accused a jail sentence. At the same time, the jury will also determine if the accused can safely be sent back to society under a probation officer’s supervision and for how long.
Therefore, it relies totally on the sitting jury’s discretion to grant a prison serving convict a parole sentence or a newly convicted criminal probation. Also, this will all be determined if the convicted has shown improvements during the parole and for probation if the risk for menace is not present.
Requirements for Parole and Probation
Every convicted offender must follow the conditions the court had ordered for parole or probation. These conditions may include but may not be limited to;
- Report to the parole or probation officer regularly
- Not leaving the state/country without the court’s permission
- Ensure participation in supervision programs
- Searching and maintaining regular employment
- Not shifting residence or employment without permission
- Not consuming alcohol, drugs, or attending drinking clubs and establishments
- Not keeping any kind of weapon or any other dangerous forearms
- Not forming associations with people having a criminal record
- Timely paying supervision fees
- Supplying bold or urinalysis testing when required
- Follow all state and local legislation
Furthermore, the convicted must not indulge himself in any criminal act regardless of how small it is.
Can you apply for parole or probation removal?
If you have behaved well throughout your parole and followed the guidelines during your probation period, it can possibly happen. But at the end of the day, it all depends on the discretion of the court, jury panel, or the nature of the offense that allows you to petition for the removal of the community supervision program.
Consult with a criminal defense attorney to know your options and discuss the early termination of your supervision parole or probation program.
How does a defense attorney help in probation or parole?
For anyone participating in any of the community supervision programs, a criminal defense attorney would be a valuable resource. If at any point of your parole or probation period you are accused of violating the rules or not performing according to the guidelines, your lawyer can defend you by keeping you from facing possible legal repercussions.
Moreover, your defense lawyer will also help you decide to file a petition for your early termination of the supervision program and also for probation.
Consider a professional legal defense
It is important that you should consider the difference between parole vs probation. This will help you know your constitutional rights when you are ever convicted of a crime.
Your state may have some other rules and legislations that you may need to follow. This is why it is important to understand these legal terminologies. With this, you would have a clearer idea of what to expect after a conviction.
Consulting professional legal help will prevent you from facing further legal consequences. An expert criminal defense attorney will maximize the chances of reducing the probation period and filing for parole and getting them approved.
Whatever be the case, keeping everything legal will definitely work for your future.
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