While in popular media and other forms of public discourse there is a lot of focus on crime and the criminal justice system in general, there is very little emphasis on probation or parole specifically. So, it’s easy for one to be unaware that there is even a difference between probation and parole.
Both are important parts of the criminal justice system that can reduce the amount of time a convict spends behind bars. This article explains the main difference between probation and parole, and how they can benefit you or a loved one who has been convicted of a crime.
Probation and Parole in Oklahoma
While there are many who are against criminal offenders being released to serve their sentences in the community, of the estimated 7 million offenders under correctional supervision in the United States, only 2 million are in jail or prison at a cost to the government of approximately $40,000 per individual, per year. The rest are on probation (3 million) or parole (2 million) at an average cost of $4,000 to $5,000 per individual, per year.
So, the majority of offenders are supervised in the community allowing the federal government and state governments to save a significant amount of money. This benefit to states and the federal government (and ultimately the taxpayers) must be weighed against the need to keep our communities safe; nevertheless, it remains the largest single reason for the existence of probation and parole.
Probation in Tulsa, Oklahoma
Probation is a sentencing alternative available to judges to employ for less serious offenders. It can be employed in lieu of incarceration, and it imposes certain conditions and restrictions on the convicted person’s release.
For instance, if you are a first-time offender or your offense is not of a serious nature, the judge may allow you to serve your sentence in the community on probation and under the supervision of an officer of the court, for one to several years. If you comply with the conditions of your probation, you can remain free. However, if you violate any of the conditions of your probation, you may be ordered to spend the rest of your sentence behind bars.
Parole in Tulsa, Oklahoma
Parole, on the other hand, is an early release from prison. So, you must have previously been convicted and already be serving time behind bars to be granted parole.
Parole is a privilege, not a right, and typically only those inmates whom:
- meet certain requirements as to their conduct while incarcerated;
- express remorse for their crimes; and
- are deemed less likely to reoffend
will be eligible for parole.
In addition, some convicts have been sentenced by the judge to serve time without the possibility of parole and anyone convicted of violent crimes and sex offenses in Oklahoma will have a difficult time getting paroled from prison.
However, if you are indeed paroled from prison, your may remain free to serve the remainder of your sentence in the community, as long as you abide by the conditions of your release. If you violate any of the conditions of your release, you may be returned to prison to complete the remainder of your sentence behind bars.
The Main Difference Between Probation and Parole
The main difference between probation and parole is the jail time. There is typically little or no time to be served with probation, while parole is an early release from time already being served, typically for much more serious offenses.
Probation and parole are similar in that in each case the offender is allowed to complete all or a portion of their sentence in the community under certain conditions and restrictions while being supervised by an officer of the court. These conditions include:
- Regularly reporting to a parole or probation officer.
- Not committing any additional crimes.
- Not leaving the state of Oklahoma unless the offender obtains written approval in advance.
- Not using or having any drugs in one’s possession.
- Avoiding contact with other offenders.
- Submitting to random searches and drug tests.
Summary
If you are on parole from prison and adhere to the conditions of your release, you will be able to remain free while completing the remainder of your sentence. Likewise, if you are sentenced to probation and abide by the rules, you will not have to serve any time in jail. Furthermore, certain offenders who are sentenced to probation, and meet all of the conditions of their release, may later have the charges against them dismissed altogether.
So, in both cases, strict adherence to the conditions of your release is extremely important to your freedom. If you are on probation or parole and are having any trouble complying with any of the conditions of your release, you should speak with an attorney and your parole office before it becomes an issues that jeopardizes your eligibility to remain free.
Initial Consultation: Tulsa Criminal Attorney
A Tulsa criminal attorney can advise you how the criminal justice process works and offer answers to your specific questions. To begin your low-cost initial strategy session, call Tulsa Criminal Defense Law Firm now: (918) 256-3400.