The two correctional terms above are often confused, and they do share some similarities. If you or a loved one has been accused of a crime, it might interest you to know the difference in probation and parole and what they both mean. Read on to learn more.
Probation and Parole Share Some Features
Both of these terms are related to a facet of the corrections system that allows those convicted of crimes to be free while still facing restrictions. Both have their own conditions, which are provisions that must be followed. Failure to obey these restrictions can mean a return to incarceration and/or enhanced and additional penalties.
Conditions
Parole and probation conditions are as unique as the crimes committed. Some common conditions that many people who are under probation or parole can expect include:
- Regular meetings and check-ins with the probation or probation officer.
- Avoiding contact with other criminals.
- Holding a job and having a place to live.
- Attending classes, such as substance abuse classes or anger management classes.
- Weapons restrictions (felons cannot own or be near a handgun, for example)
- Rules about committing more crimes.
How Probation and Parole Differs
Probation and parole differ mainly in the sentencing of a crime. Probation is for those convicted of crimes where the sentencing stopped short of having to go to prison. You can be sentenced for either a misdemeanor or a felony and get sentenced to probation. Parole, on the other hand, is for those being released from prison. Often, the release comes about before the prisoner has completely fulfilled the original sentence.
Understanding Probation
For those convicted of a crime but not sentenced to prison, probation allows the state to keep their eye on the offender in the hopes of preventing further criminal behavior. The time period for probation varies according to the crime. While on probation, the offender will find that further criminal acts carry enhanced penalties. Violation of probation is in and of itself a separate crime that will only add to increased punishments and fines.
Understanding Parole
Parole gives those in prison an opportunity to be free, but with restrictions. Each state oversees parolees according to their provisions, but in some cases, the prisoner can be sent back to prison immediately upon a violation. The parole board hears requests for parole on a regular basis and uses the behavior of the prisoner, the original crime committed, and state statutes to decide on the granting of this privilege. Given that all parolees have been convicted of a felony, parole constitutes a higher level of supervision than that of probation.
For more information, speak to a criminal defense attorney such as H. Charles Woerner, Jr. PA.
