Murfreesboro Probation and Probation Violation Lawyer
Parole and probation are two legal permissions that allow someone to avoid spending time in jail or prison as long as a set of certain conditions are continually met.
Is your freedom in jeopardy because you have been accused of violating parole or probation?
WHAT’S THE DIFFERENCE BETWEEN PAROLE & PROBATION?
People often mistake parole for probation, and vice versa, due to their similarities. Each allows a person to remain in their home and participate in their day-to-day life following a conviction, but the difference is mainly when this is permitted.
- Probation is established at the time of sentencing and usually means the individual does not have to serve any jail time at all;
- Parole is sought while a convict is already in prison, and requires the Department of Corrections to approve the petition.
Probation conditions and requirements
Neither parole nor probation are granted “freely” to convicts, even if they are convicted of low-level, nonviolent misdemeanors.
With each parole or probation approval, there will be a unique list of legal “dos and don’ts” that the individual must follow to the letter. Failing to comply with any of the conditions or requirements may void the probation or parole and result in more legal consequences.
Parole and probation requirements which are commonly seen include:
- Meeting regularly with probation officers
- Adhering to scheduled and random drug tests
- Limiting alcohol use
- Fully paying fines related to sentencing
- Distancing oneself from certain individuals or places
- Not being arrested, charged, or convicted for any crime
Possible penalties for violating parole or probation are:
- Additional fines
- More conditions added to requirements
- Extension of probation or parole period
Perhaps the most common and arguably the worst penalty for parole and probation violations are being sent to jail or prison.
If on parole and sent back, the convict will usually need to complete his or her original sentence, only now there is no chance of parole. If on probation and found to be in violation, the convict may be sent to prison to complete a number of days behind bars equal to the time remaining on his or her probation. The details will vary between cases.