If you are convicted of a crime in the state of Florida, parole and probation are two possibilities for legal penalties you may eventually face. In conversation, people may use these words interchangeably, but there is a significant difference between each of their legal definitions.
So, what is the difference between parole and probation? Is one better or worse than the other? What do you have to do to qualify for parole or probation, and how can a lawyer help you while you are participating in either release? It is important to understand the potential consequences of any charges you are facing.
Once you have a basic understanding of these two legal penalties, you will need to follow up with a trusted attorney to discuss the specifics of your case. Until then, read on to learn more about parole vs. probation.
What Is Parole?
Parole is a conditional release granted to a former convict, allowing them to serve the remaining portion of their sentence outside of prison walls. However, this release comes with a set of obligations and constraints that must be strictly adhered to. The role of the parole board is crucial in overseeing the parole process and ensuring that the parolee complies with the terms of their release.
Once granted parole, the former convict becomes subject to regular check-ins with a designated parole officer. These parole officers are appointed by the parole board and serve as the primary point of contact between the parolee and the criminal justice system. The parole officer plays a vital role in monitoring the parolee’s progress, offering guidance and support, and ensuring that they comply with the behavioral restrictions imposed during their release.
The parolee is expected to strictly adhere to a set of behavioral restrictions, which may include avoiding contact with certain individuals or refraining from engaging in specific activities. These restrictions are put in place to ensure public safety and provide the parolee with a structured environment conducive to their successful reintegration into society.
Failure to comply with the rules or meet the obligations of parole can have serious consequences. If the former convict violates any of the imposed restrictions or fails to report to their parole officer on time, they risk being sent back to prison to serve the remainder of their original sentence. This underscores the importance of fulfilling the obligations of parole and abiding by the rules set forth by the parole board and parole officers.
Navigating the complexities of the parole system can be challenging, but having a knowledgeable and experienced criminal defense attorney by your side can make a significant difference. A skilled probation violation lawyer can provide guidance, ensure your rights are protected, and advocate on your behalf throughout the parole process.
What Is Probation?
The main difference between parole vs. probation is who can receive each type of release. While parole is for people who have been convicted of a crime and have already served a portion of their prison sentence, probation is a community supervision option that does not require the convicted person to spend time in jail.
A convicted person who is granted probation will return directly to their community under the supervision of their probation officer. They will have to follow similar rules to parole regarding their behavior, as well as attend regular meetings with their probation officer. Any failure to comply can result in further legal consequences.
A probationary period can take place at some time during an offender’s initial sentence whereas the parole hearing process is far more advanced, allowing the offender to be released early. The sentence could be imposed as an alternative to imprisonment in addition to or in conjunction with a certain amount of prison time. The judge can limit the offender’s activities unless they comply with certain rules. Parole may also be given by a parole board when an inmate has served a certain amount of time. In some cases, probation officials will take into account factors such as the offender’s behavior in prison, potentially giving the offender early release with strict rules.
Who Is Eligible for Parole or Probation?
To be eligible for parole, a convicted person must have already served a significant portion of their original prison sentence. Furthermore, they must have demonstrated good behavior during their time in prison and made an effort to prove to the judge and their correctional officers that they have reformed and can safely return to society.
To be eligible for probation, the judge would determine at the time of sentencing that the convicted person’s crimes do not warrant a prison sentence. The judge must also determine that the person can safely return to their community under the supervision of a probation officer.
At the end of the day, the final decision as to whether or not a person serving a prison sentence can earn parole—or if a newly convicted person can earn probation—is up to the discretion of the judge. It mostly comes down to the judge determining that the person convicted has shown behavioral improvements and does not present a risk to their community.
What Are the Requirements for Parole?
A parolee is required to comply with a set of rules (predetermined by the judge) regarding their behavior, as well as meet regularly with their parole officer during their parole sentence. They must attend every scheduled meeting with their parole officer, and they cannot arrive late. Failure to attend a meeting or arrive on time can lead to legal repercussions.
Furthermore, the individual must not commit any criminal offenses, no matter how small. They will also undergo regular tests for drug and alcohol consumption and complete any outstanding legal obligations, such as paying fines and attending court hearings in a timely manner.
What Are the Requirements for Probation?
In general, the parole vs. probation requirements are quite similar. The main difference is in how their community supervision is administered—while a parolee reports to a parole officer, a probationer reports to a probation officer. While these roles are similar, their legal powers and obligations are not exactly the same.
Probationers are required to attend meetings with their probation officers and follow predetermined behavior rules. They must also attend to legal matters quickly and perform whatever community service tasks are assigned to them by the court. These community service acts can include things like volunteering at a government agency or cleaning up a state park.
What’s the Difference Between a Parole Officer and a Probation Officer?
Parole and probation officers perform similar jobs, but differ mainly in who they supervise and the nature of their crimes. Because individuals sentenced to probation instead of jail time have typically committed less serious misdemeanors or minor felonies, probation officers may have a more extensive role in helping individuals rehabilitate and reintegrate into society. This can include providing support services, monitoring compliance with court orders, and administering drug tests.
Individuals on parole have already served jail time, typically for more serious crimes. Parole officers may focus more on enforcing the terms of parole, such as ensuring that the individual is not violating their release conditions or committing new crimes. They may also work more closely with law enforcement agencies to investigate parole violations.
Can You Petition to Be Removed From Parole or Probation?
It is possible for a parolee or probationer to petition to be removed from their community supervision program. But, the likelihood of this happening will depend entirely on the circumstances of the case. At the end of the day, the decision lies entirely in the hands of the judge. Consult with a defense attorney to discuss your options for early termination of parole or probation.
How Can a Lawyer Help You When You’re on Parole or Probation?
A parole or probation attorney is a valuable resource for anyone participating in either of these community supervision programs. If you are at any point accused of violating the terms of your parole or probation, your lawyer can help defend your case and keep you from facing further legal repercussions. They can also help you if you decide to petition for early termination of probation.
Parole and Probation Violations in Florida
Those receiving probation must comply by following some rules that the judge may set. Minors should visit a probation officer regularly to have their drug test every week. If the person fails to fulfill the following items the person will be forced into prison for their entire sentence instead. An already-incarcerated person can shorten prison time by arguing that good behavior reduces the time to jail. The following are more consequences of violating parole and probation:
- Failure to submit to a drug or alcohol screening
- Failure to pass a drug and alcohol test with a negative result to a
- Failure to pay restitution as prescribed by the court
- Failure to report a change of address
- Failure to meet with your probation officer without a solid excuse or prior notice
- Being arrested for committing another crime
Consult with a Legal Professional Today
It is important to understand the difference between parole vs. probation so that if you are convicted of a crime in Florida, you have a clear idea of what potential consequences to expect. However, that knowledge alone is not a substitute for legal assistance from an expert attorney. If you need legal help, contact our team at Mike G Law to discuss your options.