Parole is only for felons on release from state prison, while probation can be granted in any criminal case.
The world of criminal law can be quite confusing, particularly for anyone who is not used to all of the terms that are used on a daily basis by police, lawyers and judges. For example, probation and parole are two words that have very specific meanings, but are commonly confused by people who are not familiar with the system.
As a criminal defense attorney in San Bernardino, CA will tell you, probation and parole are two very different things. While both are essentially periods of supervision by the state, they are applied in different circumstances. Probation is part of a sentence that is imposed by a judge when a person is convicted or pleads guilty to a crime. Probation either eliminates the time that a person spends in jail or reduces it entirely. For example, a person could be sentenced to 3 months in jail with 6 months of probation, instead of 9 months in jail, or the person could be sentenced to 9 months in jail — eliminating jail time entirely. It can be either informal or formal. In formal probation, the court or a probation officer monitors the defendant’s compliance with the terms of his or her probation. For informal probation, the defendant is not required to check in with the court or a probation officer, but must submit proof that he or she complied with the terms of probation once completed.
In contrast, parole is a form of supervision that occurs after a person is released from custody. It is always formal, and is only applied in felony cases when a person has been sentenced to a term of imprisonment in a California state prison. If a person has been sentenced to a specific term of imprisonment after a felony conviction, then he or she will automatically be placed on parole upon release. If a person has a potential life sentence (such as “25 years to life”), then he or she will become eligible for parole after completing a certain portion of the sentence, but only after the parole board determines that they are eligible for parole. After release, the parolee must regularly meet with his or her parole agent. If he or she violates the terms of parole, then parole can be revoked and he or she can be sent back to prison.
A skilled criminal defense attorney in San Bernardino, CA can utilize probation as an effective negotiation tool. For example, if someone is a first-time offender who has a reason for committing a criminal offense — such as a youthful offender who was convinced by friends to shoplift — then a lawyer may be able to convince the prosecutor that probation is a better idea to rehabilitate the defendant than a term of imprisonment (jail time. A person often wants to receive probation, because it may mean that they are receiving it instead of being sentenced, or that their sentence is being reduced.
The criminal justice system is complex, and it often requires the advice and assistance of an aggressive criminal defense attorney. In San Bernardino, CA, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to learn how our attorneys can help you if you have been charged with a crime. Initial consultations are always free.
