The real difference between Probation & Parole

The difference between probation & parole

 by Attorney John Cucci, Jr., Esq.          2017

There is a serious difference between probation and parole.

Probation is all or part of a sentence to a crime or offense.

Parole is when your jail sentence is completed outside the walls of a prison.

The difference is in enforcement, privacy rights, and regulation.

In some states, including Louisiana, the probation officers are also parole officers. In other states like Texas and New York, parole officers are separate and distinct from probation officers.

An example:

Probation: Joe gets sentenced to five (5) years of probation with conditions of drug testing,  and other sentencing obligations like obtaining a job or becoming a student, and paying a $50.00 per month charge.

Parole: Pete gets sentenced to ten (10) years in state prison. However, after six years in jail, the Parole Board grants Pete a release from jail on parole, with four remaining years on parole to complete his sentence.

Here, if Joe (on probation) makes no mistakes and gets a job and never gives a negative urine test, he will finish probation and not get violated. Joe also enjoys the normal US Constitutional protections from searches and seizures. However, Joe must adhere to ,and comply with his probation conditions given out by the sentencing court.

If Joe does get a traffic ticket or a new charge, the probation officer will notify the judge, or sometimes give you a break, or file with the judge to revoke or modify your probation. In any case, your probation officer will usually be cool if you show respect. If you show and talk with hostility or a bad attituded your probation officer will find a reason to test you or violate you.

THE DIFFERENCE:

While, if Pete( on parole) does anything wrong, gets a traffic ticket, is found in a bar, or gets accused of any new crime or offense, the parole officer may arrest the parolee and hold him or her in jail until a parole board hearing, or until convicted of the new crime. At the parole Board hearing, you have a very slim chance of success. The parole officer does not have to prove you committed a crime. All they need to prove is that you violated any parole rule, at any time.

While an allegation of Joe violating his probation, does not usually allow immediate jail or detention, a judge can hold you over in jail for an alleged probation violation. A probation officer can also request a “hold” be placed upon the release of anyone on probation. There is a very low standard of proof needed to assert the “hold”, but it happens every day. Also, the issue of any probation violation has to be decided in the same court in which you were sentenced, by the same judge. In probation hearings, you truly have a chance of winning or keeping out of jail if the new charge is false, not very serious, or you have been acting right for a while.

In all, the probation system is a bit more lenient and tolerant of small mistakes than the Parole system. What’s more, is that when you are on parole, you are still a “prisoner” in the eyes of the law, and your freedoms and rights are no different than someone inside a jail. Keeping this in mind, probation, is a simple oversight by the court to assure your compliance with programs, lack of criminal behavior, and overall forward leaning behavior.

For more details, each state has it’s own probation and parole systems and enforcement.

It is important to know your status and rights when dealing with the government. Call Texas Attorney John Cucci, Jr., Esq. for the answers to any probation or parole issues.

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CUCCI LAW GROUP

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Houston, TX 77002

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