Probation and parole have a lot in common, to the point where people often confuse the two systems. They are even typically operated by the same officers and government officials, raising the question: what’s the difference?
Probation is usually a sentence handed down instead of jail. It allows you to be released with terms of supervision, including check-ins with a PO. Probation, on the other hand, is early release from a prison term. It is usually granted by the parole board, not a judge, but the judge needs to sentence you with the possibility of parole, or else you cannot be eligible in the first place. The actual release is similar to probation, once granted.
For your free case evaluation, call Kenny, Burns & McGill’s Philadelphia criminal defense lawyers at (215) 423-5500 today.
What is Probation?
Probation is a sentence. Instead of going to jail, you can be put on probation, which means staying out of jail and going about your life as usual, but with restrictions and conditions. Conditions usually require checking in with a probation officer, reporting your job status and address, and other limitations.
It is not a “get out of jail free” card, but it does let you keep certain freedoms, as long as you follow the rules. Probation does come with a “suspended sentence” that can send you to jail for the remainder of that original sentence for any violations.
What is Parole?
Parole is early release from prison. When you go to prison, you are there for a set term, but it may allow for parole eligibility after a certain term of incarceration.
The judge determines whether you can be eligible for parole, but whether you actually get it is decided by the parole board. Once released, the terms of parole are similar to probation: check-ins, remaining free of other crime, and reporting about your life.
What Are the Similarities
Parole and probation have some similarities that often lead people to confuse the two systems:
Supervised Release
In both probation and parole, you are released from incarceration with terms and restrictions on your freedom. For example, you cannot commit further offenses – even minor ones – without losing your release.
You also have to check in with a PO (parole/probation officer) and follow other terms.
Supervision by a PO
Whether you call them a “probation officer” or a “parole officer,” “POs” serve essentially the same role in both probation and parole:
- Performing check-ins with the defendant
- Potential drug testing
- Potential searches of their home and property to look for contraband
- Potential investigations into their activities, contacts, and job status.
Whether your check-ins can be by phone or in person might depend on your crime, your specific sentence, or your PO. Some POs are more aggressive or thorough than others, so treatment may also vary based on who is specifically assigned to your case.
Procedures for Violations (VOP Hearings)
If you are caught in violation of terms – whether technical terms like check-in times or substantive restrictions like using drugs while on probation for a drug crime – you can face violation proceedings.
VOP (violation of parole/probation) hearings often take place after an arrest. You can have our Delaware County, PA criminal defense lawyers represent you during VOP hearings, and you get the chance to present evidence and arguments in your defense. At the end of a VOP hearing, there are multiple potential outcomes:
- Release with a warning
- Adjustment of terms of release – e.g., more frequent check-ins or additional restrictions
- Revocation of probation/parole and return to jail/prison.
Both Occur After You Are “Guilty”
Probation and parole are both for people who have already been found guilty or pleaded guilty to a crime. At this stage, they may be referred to as “convicts” or “prisoners” because they have been convicted of a crime. This means reduced freedoms – which all prisoners face – but not loss of all due process rights.
Contrast this with pre-trial detention and bail, which both deal with people who are still innocent until found guilty by a court.
What Are the Differences?
Despite these systems being very similar, there are some important distinctions as to when they are set and who decides probation and parole.
Who Sets Probation vs. Parole?
Probation is set by the judge at sentencing. The judge makes sentencing decisions based on the facts of the case, plus a full report from an officer listing your criminal history and other details. The judge may also get input from the prosecution, which might recommend probation as part of a plea agreement you signed.
Parole is permitted by the judge at sentencing, but it is decided later by the parole board. When the judge sentences you, they usually dictate how much of that term must be served (if any) before parole eligibility – and you may be sentenced to time “without eligibility for parole.” If and when you become eligible for parole, the parole board
- Performs interviews
- Collects information on your behavior
- Holds hearings and
- Makes the determination of whether you are released and what terms of release you face.
Before or After Incarceration
Probation is typically granted instead of jail. This means that after being convicted, you are released with terms and do not see the inside of a jail after conviction. As long as you keep up with all terms of probation, you can avoid jail entirely.
Parole only happens after a term of incarceration. That term of incarceration might take place in a jail or prison, depending on how long your sentence is and how serious the crime was. This means that you usually do not get on parole unless you already served time.
FAQs for Probation and Parole in Pennsylvania
Can You Get Sentenced to Probation?
Yes. Being sentenced to probation is often better because it means you can avoid jail time entirely.
Can You Get Sentenced to Parole?
A judge can sentence you with the possibility of parole after serving a certain amount of time, but they cannot guarantee parole at sentencing time. Instead, the parole board decides whether you get parole once you become eligible.
What Happens if I Don’t Check in With My PO?
Whether that is a parole officer or a probation officer, failing to check in as required with your PO can lead to violation of parole/probation hearings and potentially put you in/back in jail.
Can I Request a Different PO?
If your PO has been abusive or violated your rights, talk to your lawyer about potentially demanding a new PO. We will need to build a case based on evidence of mistreatment and potentially present it to a judge to get a different PO assigned.
However, judges only grant transfers to a different PO when the PO has committed serious misconduct, like sexually abusing defendants or committing other crimes.
Call Our Criminal Defense Lawyers in Philadelphia Today
For help with your case, call our Lehigh Valley, PA criminal defense attorneys at Kenny, Burns & McGill at (215) 423-5500.
