Facing criminal charges in California comes with a lot of often complex legal processes, procedures, and requirements that can be difficult to understand without a legal background. One of the aspects of criminal law that’s important to understand is what it means to be on parole versus probation. So, what is the difference between parole and probation?
Both terms refer to decisions made in reference to a criminal case with the goal to integrate offenders into society and help them get back on their feet after a criminal sentencing. Beyond that, the two terms are quite different from one another, and it can be helpful to understand more about these nuances.
Parole Vs. Probation — the Similarities and the Differences
While parole and probation share many of the same requirements, they differ from one another in many significant ways. For starters, parole is typically granted to a person who is already serving an active jail sentence, while probation is granted to a person as an alternative to going to jail in the first place.
Probation is a court-ordered sanction that a judge grants after going through a criminal court case and determining the punishment for an individual as a part of a sentence after a conviction. It is usually granted as an alternative to serving jail time. Probation is supervised by county departments that are under the jurisdiction of the local court system and is available for most misdemeanor convictions as well as some felony convictions.
Parole, on the other hand, is a conditional release from prison and can only be awarded to individuals who have already served a part of their term in jail. The person must go before the California Board of Parole Hearings (BPH), and that parole board makes the decision, not a judge. Parole is overseen by the California Department of Corrections and Rehabilitation (CDCR) and is available to felons who have already been sentenced to state prison.
Probation and parole times can vary depending on the unique circumstances of your case. It can be helpful to meet with a California criminal defense attorney to better understand what to expect if you are granted probation as a part of your conviction sentencing or parole as a condition of your release.
Extra Information About Parole in California
It’s important to note that parole rules don’t just vary from state to state but from county to county, too. That said, it’s helpful to work with a local criminal defense lawyer if you’re seeking parole as a condition of your sentence so you know the right course of action to take to be successful.
There are three types of parole recognized in the United States: discretionary parole, mandatory parole, and expiatory parole. However, mandatory parole and discretionary parole are the important ones to understand if you want to spend your sentence outside of jail or prison.
Mandatory parole refers to parole that the court typically offers at the time of sentencing if the person follows all the rules and doesn’t cause problems once behind bars. This type of parole is offered to incentivize good behavior and give the defendant a chance to have some normalcy in their life while completing their punishment.
Discretionary parole is granted to people already serving their sentence who appear before a parole board to plead their case. This type of parole can also be granted for good behavior and is also impacted by your attorney’s efforts or potential new evidence in your case.
Expiatory parole is technically a type of parole, but essentially in name only. The term simply refers to the process of being freed after completing your full sentence. So, in essence, every individual who serves their time in jail receives expiatory parole.
FAQs
Q: What Does a Parole Board Consider When Deciding Whether to Grant Parole?
A: A parole board takes many factors into consideration when deciding whether to grant parole to an individual. For starters, they often look at if there was a history of violence as well as the motivation for committing this most recent crime.
Other factors that can impact their decision include the severity of the crime, efforts the person has made to rehabilitate, the person’s age, and their opinion on the person’s chances for successfully reintegrating into society.
Q: What Is Expiatory Parole?
A: There are technically three main types of parole recognized in the United States: discretionary parole, mandatory parole, and expiatory parole. That said, the first two are the most common active parole sentences. Expiatory parole simply refers to the process of being freed after completing your full sentence.
Q: Which Is Stricter, Parole or Probation?
A: Probation is often granted to individuals who have committed a lesser crime to help them avoid jail time if possible. Parole is usually granted after a person has already been serving time for a more serious crime and typically comes with stricter guidelines and punishments for breaking any terms of the release. That said, both probationers and parolees agree to abide by strict terms and conditions set forth by their judge and/or parole board.
Q: What Does a Probation Officer Do?
A: Probation officers are responsible for looking after individuals who are on probation as a stipulation of their punishment to assess their progress and ensure all probation terms are being met. A probation officer’s job duties often include administering drug tests, conducting and documenting home visits, following up on treatment plans, interviewing family members, and recommending sentencing conditions to the court.
Connect With a California Criminal Defense Attorney to Discuss Your Options in Depth
If you’re facing potential criminal charges or are actively serving a sentence, you probably have many more questions about your own eligibility for parole or probation. Our professional legal team at The Ward Firm has extensive knowledge of working in criminal defense, and we’re ready to put our skills to work for you.
Our founding attorney, Justin L. Ward, is a former criminal prosecutor and experienced lawyer who understands the ins and outs of the criminal court process in California and can help you fight for a positive outcome in your case. To learn more, reach out to our office to set up a consultation with one of our attorneys today.
