Criminal Law FAQ #9
RETURN TO CRIMINAL LAW FAQ PAGE
Probation is itself a criminal sentence; parole is one way of completing a criminal sentence of incarceration. In most jurisdictions, first-time offenders are seriously considered for probation, particularly if their offense was nonviolent. A person placed on probation is typically given a jail or prison sentence that is suspended as long as the person abides by the terms and conditions of probation. Common terms require the person to contact a probation officer once a week and to work, go to school, or look for work. Other terms include required attendance at alcohol treatment or narcotic-abuse programs, and educational classes on such subjects as anger management or good driving. The probation term is usually spelled out up front and once the person has completed that period of time, the sentence is over and he or she is free of court supervision.
The parole board that oversees prison populations grants parole. Typically the offender has been sentenced to an indeterminate number of years in prison. After the offender has served the minimum amount of time authorized, the parole board decides if the offender is ready to be released from incarceration to finish out the sentence on parole. Parole boards typically consider the nature and seriousness of the crime, the views of the victim, the progress the offender made in prison, how crowded the prison is, and whether the offender has a someplace to go in the community. If the parole is granted, the offender will have to abide by terms and conditions similar to those for probation for a certain period of time. If he or she completes the parole period, the criminal sentence is discharged.
Both probation and parole can be revoked if the offender commits another crime or seriously violates one of the conditions of release. The revocation proceeding requires written notice to the offender, an opportunity to explain and call witnesses, an impartial decision-maker, and a written decision with the reasons for the revocation stated. A revoked parolee goes back to prison, and the offender whose probation is revoked begins serving the suspended sentence.
DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
RETURN TO CRIMINAL LAW FAQ PAGE