What’s the difference between parole and probation?

In addition to the type and severity of your offense, having a previous record will determine whether you are eligible for probation or parole. Keep reading for a detailed breakdown from our St. Louis criminal defense lawyer who can help you understand the difference between parole and probation.

What is probation?

Probation is a kind of legal sanction given either before going to jail or shortly after being incarcerated. In cases where it’s the first offense, individuals may have the time they served waiting in jail for trial credited to their sentence and be released on probation. Others might serve a short portion of their time and then receive probation.

Probation lets the person return to their community and demonstrate their ability to rehabilitate outside a cell. They will be under the supervision of a probation officer and must follow certain restrictions, such as:

• Attending counseling services, especially for drug or alcohol offenses
• Avoiding alcohol and tobacco use (only in some cases)
• Limiting their travel to specific areas in the community
• Paying fines and restitution
• Performing community service
• Refraining from possessing or using weapons
• Reporting regularly to their probation officer
• Submitting to regular drug tests

The time you spend on probation usually lasts as long as a prison or jail sentence would have, except you get to return home and go to work. If you fail to meet the requirements of your probation, you may be given additional penalties, including being sent to jail or prison for the remainder of your sentence.

What is a probation violation?

If you violate the terms of your probation, the court may suspend your probation and order you to appear for a Probation Revocation Hearing. The Court will then determine whether or not you have violated your probation, and if so, what penalty you should face. A skilled defense attorney can assist you in avoiding stiff consequences such as jail or prison time for probation violations. There are often many alternatives to jail or prison time which can help you to resolve probation violations and move forward with completing your probation. You have a right to a hearing and right to present evidence. You also accrue earned compliance credits which result in an early termination of probation even if the judge does not want to grant it. The attorneys at  JCS Law can help you mitigate the consequences of a probation violation.

What is parole?

Parole is granted in certain situations after serving part of a prison sentence. If you demonstrate a willingness to follow the rules and refrain from certain actions, you can be released early. You are eligible for parole when the time you have served plus the time you’re credited for good behavior equals the total time of your sentence. In some cases, you can be released to serve the remainder of your sentence on probation within your community.

If you qualify, you’ll be scheduled for a parole hearing where you can explain how you’ve rehabilitated yourself. You can present material to show you are committed to becoming a better citizen and are not a threat to the community if you get released. Putting together a robust presentation for your parole hearing requires help from a reputable criminal defense lawyer in St. Louis to give you the best chance of success.

Much like with probation, if you violate the terms of your parole, you could end up back in prison with more time and additional penalties.

What is the difference between probation and parole?

Probation is assigned as part of your initial sentence and is handed down by the judge during the sentencing phase of your trial. Parole may be provided after your time is underway and results after a hearing in front of a parole board. The restrictions are similar in each situation, but the big difference between probation and parole is when and how they are decided.

Who is eligible for parole or probation?

Eligibility for parole typically comes after you’ve served most of your sentence. You must have demonstrated good behavior and a willingness to become a productive member of society. Your criminal defense attorney can help you apply for parole and request a hearing before the board.

Your lawyer can also present a compelling argument during your initial trial to request probation instead of a prison sentence. The judge will determine whether you can safely return to society with supervision.

Learn more about how JCS Law can help you with parole or probation

If you’re facing criminal charges, now is the time to contact an experienced St. Louis criminal defense attorney at JCS Law to discuss your options for probation or parole. Our team will protect your rights and work hard to secure the best possible outcome for your case.

Contact us at (314) 561-9690 or through our online form to schedule a free consultation today.