In California, parole is an early release from a state prison, while probation is a court-ordered alternative to a prison sentence. People often confuse these two criminal justice concepts, but they are distinct and serve different purposes.
If you are currently facing either probation or parole, you need to understand how they work and what to expect. An Oakland criminal defense lawyer can assess your case and answer any questions you have about sentence reductions and alternative sentencing opportunities.
What Is Parole?
Parole is a type of early release program where a person is released from prison after serving a portion of their sentence. Parole effectively allows an inmate to serve the remainder of their sentence outside of prison under the supervision of a parole officer.
The state offers parole as an incentive for good behavior and participation in rehabilitation programs. When a person is incarcerated, the court sets a period after which the individual is eligible for parole. Once the inmate is eligible, they can apply for parole and early release.
While under supervised release, the individual must follow parole conditions, such as random drug tests, maintaining employment, and abiding by travel restrictions. The individual reports to a parole officer who monitors their behavior.
For a free legal consultation, call (510) 995-0000
When Can an Inmate Apply for Parole?
The length of the prison term that must be served before parole depends on the offender’s age and the severity of the crime. Typically, inmates in California must complete between 50% and 85% of their prison sentence first, depending on whether they committed a non-violent or violent crime.
Some crimes will make the convicted ineligible for parole, such as violent sexual crimes or certain types of kidnapping. Parole is not automatically granted once the inmate completes a sufficient amount of their sentence and must be applied for.
Once applied, the inmate will appear before the California Board of Parole Hearing.
What Is Probation?
Probation is a type of alternative sentencing that allows an individual to avoid prison. Under probation, a convicted individual doesn’t have to spend time in jail but must follow specific rules and restrictions, including:
- Meeting regularly with their parole officer
- Performing community service
- Submitting to regular alcohol tests
- Participating in rehabilitation programs
- Maintaining employment/education
Click to contact our criminal defense lawyers today
Who Is Eligible for Probation?
Similar to parole, probation is never guaranteed, but a judge can instead impose it based on the severity of the crime, the defendant’s conduct, and the likelihood of recidivism.
For example, say that Bob is convicted of petty theft, which can carry a six-month prison sentence. Since Bob did not act violently and showed remorse for his actions, the judge instead sentences him to 12 months of probation instead of prison. As part of probation terms, Bob must check in with his probation officer and submit to regular drug tests.
If Bob violates the terms of probation, the court can impose the maximum prison sentence. Instead of prison, a judge could add more probation restrictions or offer warnings.
Following probation terms and showing good behavior can be grounds for terminating probation early in California.
Complete a Free Case Evaluation form now
Key Differences Between Parole vs. Probation in California
Parole and probation are both types of alternative sentencing, but they are distinct. Below is a quick outline of the main differences between probation vs. parole in California:
- When it’s granted. Parole is granted after the individual has served a portion of their prison sentence. Probation is granted before going to prison and is an alternative to jail time.
- Different types of crime. Parole is a release from a state prison after conviction for a felony offense. Probation, in contrast, is usually granted for misdemeanors in California.
- Individualization. Parole is handled at the state level, so there is less flexibility and individualization in parole programs compared to probation.
- Who orders it. A judge can order probation as part of sentencing, but inmates must apply for parole and appear before a parole board to secure early release.
How Can a Criminal Defense Lawyer Help?
Regardless of whether you are seeking an early release or wish to avoid prison time, a criminal defense lawyer can be an immense help. A criminal defense lawyer can present your case in front of the appropriate board and advocate for your good behavior and changed mentality.
An attorney can also help you stick to parole/probation conditions and represent you during hearings and other official proceedings. With a skilled defense attorney on your side, you have a higher chance of being granted the alternative sentencing you seek.
Contact a Criminal Defense Lawyer in Oakland
Parole and probation can be complicated, especially when they have strict conditions and eligibility requirements. An experienced lawyer can help you untangle these issues and provide the legal guidance needed to understand supervised release programs.
If you have any more questions about parole vs. probation in California or would like to speak to an Oakland criminal defense attorney, contact Silver Law Firm online or call today. We promise to use every strategy to fight for a favorable outcome in your case.
Call or text (510) 995-0000 or complete a Free Case Evaluation form
