Generally, most knowledge from the legal systems comes from police procedures and courtroom dramas. Where so many watch and enjoy these films, the facts are not accurate and Hollywood often confuses the terms of parole and probation. Today, we at Ajua Bail Bonds would like to distinguish the difference between parole and probation as most believe they are interchangeable, though they are two separate things.
What is Probation & How Does it Work?
Probation is served outside of custody as a criminal sentence and without the requirement of spending time in detention prior to probation being granted. As long as the probation terms are being met, the defendant is allowed to remain out of custody for the duration of probation. Probation includes conditions such as not using drugs, maintaining a steady job, and regular check-ins with a probation officer though these can vary. The probation terms are determined by the defendants’ criminal history or by the offense committed.
What is the Purpose of Parole
Parole is where the defendant is supervised after being released early from custody. Serving out the remainder of their sentence in relative freedom, the defendant, once released from prison, has a parole conditions similar to probation conditions. However, both parole and probation are alternative punishments to incarceration.
Difference Between Parole & Probation
1) Only for first-time, non-violent offenders, probation is offered to keep them out of prison. This helps lessen the population in already overpopulated prisons in addition to preventing the defendant to become radicalized in prison, which will only make them more of a threat when they are released from prison.
2) For inmates that demonstrate consistently good behavior during the duration of their prison sentence, parole is offered to those who are eligible.
3) As it is a sentenced served, probation is granted by the courts at time of sentencing.
4) To determine if an inmate is eligible for parole, a parole board convenes at a hearing to decide whether or not parole should be granted.
5) Should the defendant violate the terms of their probation, they will be resentenced in court which will likely result in prison time. Violators of parole are returned back to prison where they are forced to serve the remainder original prison sentence. Depending on the severity of the violation of the parole term can result in addition prison time.
Other Differences & Similarities Between Probation & Parole
In a nutshell, probation is an alternative to prison and parole is an early release from prison. The nature of justice for probation is determinative, and parole it is administrative. The court makes the decision for probation whereas a parole board makes the decision for parole. Probation is granted before incarceration and parole is granted after a portion of the prison sentence has been served. Probation is only granted to non-violent, first-time offenders, where parole is granted to inmates who have demonstrated good behavior while in custody. The supervision of someone on probation is a probation officer where someone out on parole is supervised by a parole officer.
Bail Bond Services in Selma & Fresno County, Atwater & Merced, Visalia & Tulare, Hanford & Kings, Madera County and the Central Valley of California
While they are similar, they are still different options for serving tine after a conviction of a crime. Where once you have you been processed and sentenced bail is no longer applicable, Ajua Bail Bonds can help post bail on the initial charges. Call us today if you have recently been arrested and need to make bail.