If you are facing criminal charges for the first time, soon you will be
learning a number of new legal terms, such as
parole. You’ve probably heard these terms most of your life, you may have
even had a family member who was “on probation” or “out
on parole,” but do you know the difference between probation and parole?
According to the Bureau of Justice Statistics (BJS), probation is when
a court places an adult offender on supervision in the community in lieu
of incarceration. However, some jurisdictions will order a prisoner to
carry out a short-term sentence, which is immediately followed by a term
of probation – this is known as a “split sentence.”
When it comes to probation, there are a different supervision statuses, such as
active supervision and
inactive status. With active supervision, the probationer is required to report regularly
in person, by phone, or by mail.
With a minor offense, the probationer may be placed on inactive status,
or they may be reduced to supervision and downgraded from active status
to inactive status.
Often, probationers are required to fulfill a number of conditions, such as:
- Pay fines
- Pay court costs
- Stay away from known criminals
- Do not use drugs
- Stay away from alcohol
- Do not get arrested for a new crime
- Participate in a treatment program
- Adhere to specific rules of conduct
- Anything else the judge deems necessary
Note: if a probationer fails to adhere to his or her conditions of probation,
they can be incarcerated as a result.
What is parole?
not the same as probation. With parole, the criminal offender was sent to prison but
was conditionally released so they can serve the remaining portion of
their sentence in the community.
How are prisoners released on parole? They are released by either a parole
board decision (discretionary release or parole), or according to a provision
in a statute (mandatory release or parole).
As with probationers, parolees can have different statuses, such as
active supervision where they must report regularly in person, by mail, or by telephone, and
inactive status, where they are not required to report regularly.
Another supervision status is where the parolee only has financial conditions
that remain, or they have an active warrant. Just like probationers, parolees
must adhere to certain conditions that are set forth by the court and
if they violate a term of their parole, it can result in them being
sent back to prison.
If you are facing criminal charges in Plano or Dallas, or if you violated
a condition of your probation or parole,
contact The Zendeh Del Law Firm, PLLC for a hard-hitting