Maybe you were arrested for DUI. One of the arresting officers made a comment that you may get probation. Isn’t probation the same as parole? If not, how do they differ?
Probation and parole refer to two separate concepts in the U.S. justice system. Probation is part of your sentencing that works to either reduce or eliminate your jail or prison time. While on probation, you are released into the community under the supervision of the court or a probation officer.
By contrast, parole occurs after you have served, not all, but a significant portion of your jail or state prison sentence. It allows you to serve the remainder of your confinement time outside of custody under the supervision of a parole officer.
With both probation and parole, you must adhere to certain terms and conditions regarding your behavior and conduct, such as agreeing to:
- not engage in criminal activity,
- submit to random drug tests, and
- make regular meetings with your probation or parole officer.
1. What is probation?
Probation refers to a type of criminal sentence imposed by the court where you are released into the community in lieu of spending time in jail or prison.1
While on probation, you are supervised by the court or a probation officer.
You must also adhere to certain terms and conditions of probation throughout your entire probationary period. Some common conditions include:
- making regular meetings with a probation officer,
- performing community service hours,
- submitting to drug and/or alcohol tests, and
- completing a rehabilitation program.
Note that you are not entitled to probation. Rather, if awarded by a judge, it is considered an act of grace by the court system.2
Probation is available in both misdemeanor and felony cases.
2. What is parole?
Parole refers to the conditional release from prison or jail where you serve the remainder of your confinement time in the community. Parolees are released after serving a large portion of their sentences.3
Parole is a “conditional release” because, as with probation, you must follow certain conditions of parole, like:
- passing random drug tests,
- maintaining employment,
- agreeing to certain travel restrictions, and
- making regular meetings with a parole officer.
Parole is typically granted by a board of parole. Parolees are supervised by a parole officer during the term of their parole.4
Parole is usually awarded in felony cases after you serve most of your state prison sentence.
As with probation, you do not have a right to parole. It is given as an act of leniency.
3. What are the rules on eligibility?
In deciding on whether to grant probation, a court will consider:
- the nature and circumstances of your offense,
- your criminal record,
- your threat to the community, and
- your need for probation.5
A parole board will usually consider the following when deciding on whether to grant you early release from your jail time or prison time:
- evidence of your good behavior while in custody,
- your desire to be a productive member of society,
- whether parole would be in the interest of criminal justice,
- your threat to public safety, and
- whether you have rehabilitated yourself.6
4. What happens if you violate probation?
The criminal laws of most states say that you commit a probation violation if you break one of your probation terms (for example, by failing a drug test).7
In these cases, you usually attend a probation violation hearing.
If, in the course of this hearing, a judge finds that you did in fact violate probation, the judge can either:
- reinstate your probation under the same terms and conditions as before the violation,
- modify your probation so that you have to adhere to stricter terms, or
- revoke your probation and make you serve the remainder of your sentence in jail or prison.8
5. What about a parole violation?
As with probation, a parole violation occurs if you break one of the conditions of your parole.
If so, you will usually appear before a parole board or judge at a parole hearing.
If the hearing shows that you did violate parole, you could either be:
- placed back on parole under the same or stricter conditions, or
- sent back to jail or prison.9
Note that if your parole is revoked because you committed a new offense, you could face new criminal charges. If convicted, you could receive a prison or jail sentence for the new crime.
6. What is “life without parole”?
“Life without parole” is a prison sentence in criminal cases where you are placed in state prison for the rest of your life without the possibility of parole.
Short of the death penalty, life without parole is considered the most severe sentence and is reserved for only the harshest of crimes, such as:
- first degree murder,
- felony murder, and
- rape.
7. Can a criminal defense attorney help?
Yes. You should seek legal advice from a criminal defense lawyer or law firm/law office for issues concerning probation or parole.
A defense attorney can help by:
- persuading a judge to award you with probation during the sentencing portion of your case,
- advising on whether you are eligible for parole,
- ensuring you are in compliance with the terms and conditions of your probation/parole, and
- representing you at a probation or parole violation hearing in cases of a violation.
In our legal experiences, offenders are more likely to obtain probation and parole when represented by a skilled defense lawyer.
Note that if you cannot afford a private defense attorney, you can contact a local public defender’s office for help.
Legal References:
- Black’s Law Dictionary, Sixth Edition – “Probation.”
- See same.
- Black’s Law Dictionary, Sixth Edition – “Parole.”
- See same.
- Black’s Law Dictionary, Sixth Edition – “Probation.”
- Black’s Law Dictionary, Sixth Edition – “Parole.” See also Birch v. Anderson, 358 F.2d 520 (1965).
- See, for example, California Penal Code 1203.2 PC.
- See, for example, Arizona Rules of Criminal Procedure 27.8c.
- See, for example, Florida Statutes 947.21.
