Police procedures and courtroom dramas is where most gain their knowledge in the legal system. Though these fabricated dramas are enjoyed, the facts are minimal at best. As a result, too many individuals are confused between what probation and parole entails. With that in mind, we at Kajioka & Associates, Attorneys at Law would like to clarify the difference between the two as there are quite a few that use the terms interchangeably, and as two separate statuses, we want to distinguish the differences between probation and parole.
What is the Purpose of Parole?
Following the release of being held in custody, parole is where the defendant is to be supervised. Once released from prison, the defendant, in relative freedom, serves out the remainder of their sentence with specific conditions.
How Does Probation Work?
Without having spent time in prison or required to serve time incarcerated, probation is served outside of custody as a criminal sentence. For the duration of probation, the defendant is allowed to remain out of custody as long as they adhere to the probation terms. Though the terms vary for each individual granted probation, the basics typically for most include maintaining a steady job, saying away from drug use, and routinely scheduled check-ins. Criminal history, the offense committed, and other factors determine the terms of the defendant’s probation.
Difference Between Probation & Parole
Where both parole and probation are punishment alternatives to incarceration, they are still both distinct. Other basic differences of parole and probation include the following listed below.
1) By the courts at time of sentencing, probation is granted as a sentenced served.
2) To decide whether or not parole should be granted a parole board convenes at a hearing to determine if an inmate is eligible for parole.
3) Probation is offered to keep first-time, non-violent offenders only, out of prison. This course of action is designed to reduce the population in already over-crowded prisons as well as to prevent these mild-mannered criminals from being a threat after their release from becoming radicalized in prison.
4) During the duration of their prison sentence, inmates that demonstrate consistently good behavior are frequently awarded parole to those who are eligible. Likely resulting in prison time, the court will re-sentence a defendant that violates the terms of their probation. Parolees that violate the terms of their parole will immediately be returned to prison ad forced to serve the remainder of their sentence and depending on the circumstance can earn additional prison time.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
To sum it up, parole is an early release from prison where probation is an alternative to prison. Parole by nature is administrative, decided on by a parole board and probation by nature is determinate, decided on by the court system. After a portion of the prison sentence has been served, parole can be granted as they are inmates that demonstrated good behavior while in custody, and before incarceration probation is granted for the non-violent, first-time offenders. A probation officer supervisor those on probation and those on parole have a parole officer who supervises them. Kajioka & Associates, Attorneys at Law can help defendants in regards to both parole and probation, call us today to schedule your consultation.