Parole is the probation of a prisoner before the end of their prison sentence. A probation officer generally supervises the person on probation during probation. If the person on probation violates probation, they can be sent back to prison to serve their full sentence. Parole is probation for an inmate.
The prisoner (called a person on probation) is released from prison, but must fulfill a series of responsibilities. A person on probation who does not follow the rules is at risk of being back in custody (prison). Unlike probation, probation is a privilege that is granted after the offender has served a portion of their prison sentence. When a person on probation is accused of violating the terms of their probation, often their probation officer can arrest them immediately, without a court order, and hold them for the period of time specified by law.
At the end of the hearing, the judge or hearing officer will determine if the conditions of probation were violated and what sanction, including the full revocation of probation, should be imposed. If you or a loved one have been accused of violating probation, don't delay before talking to an experienced lawyer who knows how the probation system works and will fight for your rights. In some jurisdictions, probation officers must request an order from a judge for certain types of violations. When a person on probation is charged with a violation, they do not enjoy the typical presumption of innocence that is accorded to a person accused of a crime.
In fact, if the reason for the revocation is a new crime and the crime has not been charged or even if the person on probation has been acquitted of the charge, the board can still consider the incident as a basis for the revocation. Parole is often thought of as simply an early release from jail, but it's actually a form of community oversight for offenders who have already served a portion of their sentences. Consequently, people on probation are not entitled to the same degree of protection enjoyed by criminal defendants. A lawyer should be appointed when the person on probation requests an attorney and denies the alleged violation; or even when the person on probation admits the violation, but wants to present arguments in favor of mitigating the violation, so the revocation is inappropriate.
In fact, even before prisoners are released from prison, the possibility of obtaining probation gives them an incentive to avoid problems. The choice of consequences will depend on the seriousness of the violations and the offender's criminal history and any history of previous violations. Another difference between the two is that probation is usually ordered by a judge at the time the sentence is handed down, but correctional authorities make decisions about probation after the prisoner has served part of his sentence. State law may provide that some types of convictions make inmates ineligible for parole or only eligible after a very long prison sentence.
Unannounced visits allow the officer to see if, for example, there is evidence of probation violations, such as drug use. Parole conditions often include all of the standard conditions of probation, along with even more stringent requirements. Parole and probation are privileges that allow offenders to avoid jail or be released after serving only part of their sentences. .
