What Is the Difference Between Parole and Probation? | Criminal Defense Lawyer, Wichita, KS

When someone is convicted of a crime, their potential sentence could include probation or parole. While these terms are often used interchangeably, they actually refer to two distinct legal concepts. At the McConnell Law Firm, our criminal defense lawyers in Wichita, Kansas, are exploring the differences between parole and probation, including what they are, how they work, and what the consequences are for violating the terms of each. Learn more below!

What Is Probation?

Probation is a type of sentence that is given to a convicted criminal in lieu of incarceration. Essentially, the offender is allowed to remain in the community, provided they meet certain conditions set forth by the court. These conditions can include things like:

• Regular check-ins with a probation officer.
• Maintaining steady employment.
• Attending counseling or substance abuse treatment.
• Not associating with known criminals or gang members.
• Staying within a specific geographic area.

If the offender violates any of the conditions set forth, they may be sent back to jail to serve out the remainder of their sentence. Depending on the nature of the original crime, probation sentences can last anywhere from a few months to several years.

What Is Parole?

Parole, on the other hand, is a type of supervised release given to prisoners who have already served a portion of their sentence behind bars. Essentially, the offender is released from prison early, but they must abide by certain conditions to remain free. These conditions can include many of the same things that probation conditions include, such as regular check-ins with a parole officer, staying within a particular geographic area, and attending counseling or substance abuse treatment.

However, there are a few key differences between parole and probation. For one thing, parolees have already served some time in prison, while probationers have not. Additionally, parolees are typically subject to more stringent conditions than probationers. This is because they are seen as having already demonstrated a propensity for criminal behavior, were sentenced to prison, and therefore need more oversight and support to ensure they stay straight and narrow.

Violating Probation or Parole

If a probationer violates the conditions of their sentence, they may be subject to a range of consequences, depending on the severity of the violation. In some cases, they may be given a warning or a minor punishment, such as community service or a short stay in jail. In more severe cases, they may be sent back to jail to serve out the remainder of their sentence.

Similarly, if a parolee violates the conditions of their release, they may be sent back to prison to serve out the remainder of their sentence. However, the consequences for violating parole can be more severe than those for violating probation. This is because parolees have already been convicted of a crime and served some time in prison, so there is less tolerance for further misbehavior.

Have You Been Accused?

If you have been charged in a criminal case, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a Wichita criminal defense lawyer about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.