Probation vs Parole: What Is the Difference?

Many people get probation and parole confused and often use them interchangeably. However, the differences between probation and parole are significant in legal terms. When an individual is conditionally released from incarceration, the former prisoner must know their legal status. 

In this guide, we will cover the information on probation vs parole and what is best for your individual case.

Probation is when someone convicted of a crime is released back into the community instead of going to or remaining in jail. After convicting someone of a crime, the judge can choose the type of sentence within the legal system’s guidelines for the crime committed. The available choices may or may not include jail time.

In some cases, the sentences can consist of a short time in jail before the person is released on probation. In other cases of probation vs parole, the judge can offer a probation sentence without jail time.

Parole vs probation is the conditional release of a prisoner already serving a prison sentence. A public official called a parole officer supervises any individual released on parole. As a condition of the release, the former prisoner must abide by specific rules. Failure to do so constitutes a violation. Certain violations can give the parole officer reason to return the offender to prison.

Parole and probation are each subjects to the relevant state and federal laws. An individual convicted of a crime and gained release on parole or probation is subject to specific behavioral qualifications. The judge will dictate what rules the offender must follow to avoid jail or additional jail time.

In some cases, a defense attorney may argue that a first-time offender with a minor conviction, such as possessing a small amount of marijuana, should be given a probationary period instead of jail time. The idea behind probation and parole difference is that everyone makes mistakes, so some people should be given a second chance to stay on the right side of the law.

In other cases, a convicted criminal who is incarcerated in jail or prison might shorten the length of that incarceration by arguing to be released due to good behavior. In these situations, a judge may decide that good behavior and the absence of problems during the sentence make the inmate a good candidate for parole. An individual may be given parole vs probation for different reasons, but a judge will typically require the following for those on both parole and probation:

The rules and the consequences are similar for parole vs probation. If a person fails to check in with their parole and probation officer as scheduled, pass regular drug tests, complete community service hours, and follow other rules. That person violates the conditions of parole or probation. Any violation can mean that, instead of being allowed to remain an active community member, the person would have to serve the rest of the sentence in jail. This is one of possible consequences of probation violation in Virginia.

There are strict rules regarding the offender’s activities while out on probation or parole. When inmates are released early from prison, failure to check in with a parole officer typically constitutes a violation of parole. It can mean that the individual will have to serve the remainder of the sentence in prison. If a parolee breaks the law — usually a felony offense but sometimes a misdemeanor — a judge will likely revoke parole and send the offender back to prison. Minor traffic citations do not usually constitute a violation, but a judge will still expect regular adherence to the other conditions of release.

Parole and probation need to be clarified due to their many similarities.

Neither prisoners nor probationers have the right to be released from incarceration via parole and probation. Instead, a parole board determines whether prisoners should be released and what conditions should be placed on that release. A judge determines whether an individual who may be eligible will receive probation instead of jail time.

Neither prisoners nor probationers have the right to release from incarceration or punishment. Instead, a parole board, in the case of prisoners, will determine whether they should be released and what conditions should be placed upon them just the same as a judge will determine whether an individual convicted of a misdemeanor should be released or given probation instead of jail time.

A judge can revoke either probation or parole at any time. When a judge informs a convicted individual that they are receiving probation instead of jail time, the terms of that probation will be made clear. Any violation of the terms of the probation will result in the person being required to serve the remainder of their sentence in jail. Similarly, parolees can be revoked if they violate their release conditions.

Probation and parole are both conditional. An individual granted probation instead of jail time is not going without punishment. They must still abide by the conditions of the probation, which can include community service activities or several hours volunteering, no convictions of another crime within a specific time frame, passing drug tests, and checking in with a probation officer.

Probation and parole can both serve as part of a sentence, meaning that someone could go to jail and be granted probation midway through a jail sentence for the remainder of the sentence. Similarly, someone convicted in a federal or state court can be granted parole for the duration of their sentence.

Although the two are understandably confused based on their similarities, still, there are critical differences between probation and parole, have a couple of essential differences.

The differences between probation and parole are when they are granted and to types of convicted criminals. There are more similarities than there are differences. Understanding parole and probation and knowing the difference can help family members and others better understand the conditions under which each is granted.