Parole vs. Probation

If you’re facing criminal charges in Nevada, the possibility of parole or probation can offer a lifeline. Maybe you’re already experiencing the benefits of these alternatives to prison, but you’re concerned about meeting all the conditions. Or perhaps you believe you violated the terms of your release and feel worried about a revocation of your parole or probation status. These situations are serious, and you’ll need help from a qualified legal professional to protect your rights and freedoms.

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Enter De Castroverde Criminal & Immigration Lawyers. We serve as your dedicated advocates in the difficult process of obtaining, maintaining, or retaining parole or probation. Our seasoned attorneys provide comprehensive support, from the initial stages of eligibility evaluation to representation in violation hearings. Whatever your situation, we aim to tailor our legal services to meet your needs.

Don’t compromise on your freedom or quality of life. Contact De Castroverde Criminal & Immigration Lawyers today for a confidential initial consultation.

Parole and Probation: what is the difference

What Is the Difference Between Parole and Probation?

Parole and probation systems aim to reintegrate offenders into society while providing supervision to ensure public safety. Here are the key differences between the two.

Parole

Parole is a form of conditional release from prison. It allows an incarcerated inmate to serve the remaining portion of their sentence outside of a correctional facility under specific conditions.

Parole is generally granted after an inmate has served a minimum portion of their sentence, shown good behavior, or met other criteria set by the parole board. In Nevada, the Nevada Board of Parole Commissioners is responsible for deciding parole eligibility and terms.

Once granted parole, parolees are subject to close monitoring by parole officers who ensure compliance with the conditions of their release. Violating the conditions of parole can lead to revocation and a return to prison to serve the remainder of the original sentence.

Probation

Probation is an alternative to imprisonment. Judges often grant probation during sentencing, allowing offenders to serve their sentences under community supervision rather than incarceration.

Probation is generally available to first-time offenders or those convicted of lesser crimes. In Nevada, probation officers manage the conditions of probation.

While both parole and probation require compliance with specific conditions, probation offers a chance to avoid prison altogether, while parole allows for conditional early release. Failure to meet the terms of probation can result in the revocation of probation status and imposition of the original jail sentence.

Conditions of Parole vs. Probation

Both parole and probation come with certain conditions. Failing to adhere to these conditions could result in revocation and other legal repercussions.

Parole

Standard conditions for parole generally include:

  • Regular Check-ins
  • Employment
  • Residency
  • No Criminal Activity
  • Substance Abuse Tests
  • Travel Restrictions

In some cases, special conditions might apply as well. For instance, a parolee might have to attend mandatory rehabilitation programs, submit to electronic monitoring, or obey restraining orders.

Probation

Similar to parole, probation has several standard conditions, such as:

  • Regular Meetings
  • Community Service
  • Employment
  • Fines and Restitution
  • No Criminal Activity
  • Random Drug Testing

Special conditions for offenders on probation commonly include attendance of educational or rehabilitation programs, home detention, and restrictions on alcohol or weapons use.

Parole and Probation Violations

Violating the conditions of either parole or probation is a serious matter that can lead to various legal consequences, such as:

  • Revocation Hearing: If you violate the conditions of your release, you might need to appear before a parole board for parole violations or a court for probation violations. These hearings determine the severity of the violation and the corresponding penalties.
  • Immediate Arrest: Depending on the nature of the violation, you might be subject to immediate arrest. For parolees, the parole officer often has the authority to make an arrest. For probationers, the courts might issue a warrant for arrest.
  • Imposition of the Original Sentence: One of the most severe outcomes for parole and probation violations involves revoking the conditional release or probation status. This often results in the person serving the remainder or a portion of the original prison or jail sentence.
  • Modification of Conditions: Less severe violations might not result in immediate incarceration but could lead to additional or stricter conditions. For example, you might need to make more frequent check-ins, pay more fines, or attend rehabilitation programs.
  • New Criminal Charges: The violation could sometimes constitute a new criminal offense, leading to additional charges and compounding your legal difficulties.
  • Future Ineligibility: A violation could affect opportunities for conditional release or alternative sentencing options, narrowing the scope for leniency in subsequent legal matters.

How Can a Parole or Probation Lawyer Help?

Whether you’re exploring probation or parole as a sentencing alternative, already on probation or parole, or facing consequences for violating the terms of your release, a defense lawyer can help. Here are several ways a skilled attorney can assist:

  • Evaluating Eligibility: They can assess your case to determine your eligibility for parole or probation.
  • Negotiating Deals with Prosecutors: They can negotiate plea deals with prosecutors, including probation as an alternative to prison time.
  • Presenting Your Case: If you’re eligible for parole, an attorney can prepare and present a strong case before the parole board, highlighting factors like good behavior and reintegration plans.
  • Advocating for Modified Conditions: If the current terms of your parole or probation are too restrictive or unreasonable, a lawyer can petition for a modification to suit your lifestyle.
  • Guiding You on Compliance: An experienced attorney can provide tailored legal advice on complying with the complex conditions of your parole or probation.
  • Representing You at Revocation Hearings: If you’re accused of violating the terms of your parole or probation, a lawyer can represent you during hearings and work to keep you from going to prison.

Talk to a Nevada Defense Attorney Now

Facing criminal charges or dealing with parole or probation issues can be an isolating experience. But you don’t have to go it alone. Reach out to De Castroverde Criminal & Immigration Lawyers today for a confidential initial consultation.