Two words commonly used in a legal setting when someone is found guilty of breaking the law are “parole” and “probation.” People misconstrue these words to mean the same thing when in reality, parole and probation are two entirely separate entities. They’re different words that mean different things.
This article will explain the meaning of parole and probation and their major differences. When in a legal pickle, knowing the law can help, but it’s tough for laymen. Speaking to attorney Omeed Berenjian from BK Law Group can help you understand the difference between parole and probation. It is important as it will educate you on what to do next and how to discuss moving forward.
Parole Definition
When an individual is given parole, they leave prison before their sentence is completed. They will serve the rest of their sentence in the community, usually under the supervision of a parole officer. Such individuals must comply with specific conditions like avoiding criminal activity, getting and maintaining employment, and regularly reporting to their parole officer.
Parole may be granted for humanitarian concerns, to reduce prison overcrowding, or for public safety concerns, among other things. If an individual is found breaking the rules or terms of their parole, they may go back to prison.
Probation Definition
When an offender is under probation, it means that rather than going to prison, the judge allows them to remain in the community. However, they will be supervised by a probation officer, who they must meet with regularly. Also, they must comply with certain conditions like performing community service and attending counseling.
If they break the terms of their probation, they may end up going to prison eventually. Probation is a way taxpayers save money because it reduces the number of people in incarceration. Low-level offenders are often given probation rather than prison; it provides rehabilitation and social services otherwise unavailable in prisons. This is one of the best case scenarios that can occur.
Key Differences Between Parole and Probation
The major difference between both legal citations is when offenders serve their sentences. Parolees went to prison, came out early, and are now supervised by a parole officer and the Parole Board. Conversely, probationers either receive probation instead of prison, or they have completed their incarceration and now must complete a period of supervision.
Another difference is that while the court can order probation as an alternative to incarceration, only the Parole Board can grant parole.
Parole violations are reviewed and enforced by the Parole Board, which can revoke parole and send the individual back to prison. In contrast, probation violations are addressed by the court system, where a judge decides the consequences, which may include incarceration.
Also, parole typically lasts for the remainder of the original sentence, whereas the court sets probation durations and may vary based on the offense. Probation terms may also include more flexibility in adjusting conditions.
Parole is granted to incarcerated individuals who meet specific behavioral and rehabilitative milestones during their sentence. Probation, on the other hand, is often granted directly during sentencing, typically for first-time or low-level offenders, as an alternative to prison time.
Probation primarily emphasizes rehabilitation and preventing offenders from entering the prison system by providing access to community services, counseling, and support. Parole, on the other hand, focuses on reintegrating individuals back into society after incarceration, ensuring they transition smoothly while adhering to specific conditions to reduce the risk of reoffending.
Conclusion
Understanding the distinction between parole and probation is crucial when navigating the legal system. Parole involves early release from prison with conditions, while probation allows offenders to remain in the community under supervision instead of incarceration. Both aim to rehabilitate individuals and reduce recidivism but differ in their application and authority. For tailored guidance, consulting with an experienced attorney can provide clarity and help determine the best course of action for your specific situation.
Source: BK-Lawgroup.com
