When someone is convicted of a crime in Nevada, they may not always serve their sentence behind bars. Instead, the court may grant probation, or the individual may become eligible for parole after serving part of their sentence. Although probation and parole both allow individuals to remain in the community under supervision, they are very different in how and when they are applied. Understanding the distinction between probation and parole in Nevada is crucial for anyone navigating the state’s criminal justice system. With this in mind, we at Kajioka & Associates Attorneys At Law would like to discuss the differences between probation and parole in Nevada.
What is Probation?
Probation is a court-ordered alternative to incarceration. Instead of serving time in jail or prison, a person placed on probation is allowed to remain in the community under certain conditions. Probation is often granted to first-time or low-risk offenders and is typically part of the original sentence handed down by a judge. In Nevada, probation can be either supervised or unsupervised:
1) Supervised probation requires regular check-ins with a probation officer, drug testing, and strict compliance with terms such as employment requirements, curfews, or attending counseling.
2) Unsupervised probation has fewer conditions but still requires the individual to stay out of legal trouble and follow any court-imposed rules.
If the person violates probation terms, the judge can revoke probation and impose the original jail or prison sentence.
What is Parole?
Parole, on the other hand, is the early release of a prisoner who has already served a portion of their sentence. In Nevada, the Nevada Board of Parole Commissioners is responsible for granting or denying parole after reviewing an inmate’s behavior, rehabilitation efforts, and threat level to the community. Unlike probation, parole is not part of the original sentence. Instead, it is a conditional release that allows an inmate to serve the remainder of their sentence outside of prison, under supervision. Parolees must meet specific requirements similar to probation, such as:
1) Regular reporting to a parole officer
2) Avoiding criminal activity
3) Maintaining employment or participating in rehabilitation programs
Violating parole conditions can lead to a revocation of parole and a return to prison to serve the remainder of the sentence.
Key Differences Between Probation & Parole
Timing:
– Probation is granted instead of incarceration.
– Parole is granted after a portion of a prison sentence has been served.
Authority:
– Probation is decided by a judge at sentencing.
– Parole is granted by the Nevada Board of Parole Commissioners.
Supervision:
– Probationers report to a probation officer.
– Parolees report to a parole officer.
Consequence of Violation:
– A probation violation can lead to imprisonment.
– A parole violation typically results in a return to prison.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
While both probation and parole allow individuals to live outside of confinement, they apply at different stages in the criminal justice process. Probation is a sentencing option that avoids jail time altogether, whereas parole is a privilege that may be earned after incarceration begins.If you or a loved one is facing sentencing or seeking parole in Nevada, it’s essential to consult with an experienced criminal defense attorney. The right legal guidance can help protect your rights and improve your chances for a successful outcome, whether you’re seeking probation, preparing for a parole hearing, or defending against a violation. Contact Kajioka & Associates Attorneys At Law for a consultation.
