Parole vs. Probation
People often confuse “parole” and “probation” due to their similarities. However, there are substantial differences between the two. In the state of California, parole can be described as a condition of release, established by a parole board, for an incarcerated individual. It is a supervised program that takes place when an inmate re-enters the community after he or she is released from a California State prison.
Probation, on the other hand, is a part of sentencing that an individual receives after being convicted. Probation reduces or eliminates the period that a defendant must spend in incarceration (CA Penal Code Section 1203). Generally imposed by a judge, the court or a probation officer will be assigned to monitor and ensure that the defendant is compliant with the probation terms.
The probationers and parolees must agree to abide strictly by the terms and conditions of their probation or parole. When those terms and conditions are not met, penalties will be imposed.
Penalties for Violating Your Parole
The penalties for parole violations may include community service, fines, or additional jail time. The severity of your penalty will depend on whether you broke a law, in addition to violating the terms of your parole.
If you violated a term of your parole but didn’t break any law then you will need to face a parole revocation hearing, presided over by the deputy commissioner of parole board (or Department of Corrections). If your parole is revoked, you could be reincarcerated for up to 12 months.
However, if you violated your parole terms and broke any law, you will be facing a parole revocation hearing, as well as additional criminal charges. If convicted of the criminal charge, your parole will be revoked by the deputy commissioner, and you could be incarcerated. Even if you are found not guilty, your parole could be revoked through the parole revocation process.
Penalties for Probation Violation
Under California Penal Code section 1203.3, the court has the right to revoke, change, or modify its order of suspension or execution of your sentence if you are found guilty of violating the terms and conditions of your probation. If found guilty, the judge may:
- Revoke probation and impose the original sentence
- Revoke probation and impose maximum sentence allowed by California law
- Extend the length of your probation term
- Order counseling
- Order new or additional terms of your probation
- Order you to perform community service for a government entity or local charity organization
- Order you to participate in substance abuse treatment programs
How Can a Criminal Defense Lawyer Help?
Failure to comply with the terms and conditions of your parole or probation is a serious infraction which can lead to jail time. If you’ve been charged with a parole or probation violation, speak with an experienced criminal defense attorney immediately.
As an experienced criminal defense attorney, I provide comprehensive legal guidance and representation. I can protect your rights, investigate your case, and attempt to refute the charges with overwhelming evidence. I will strategize an effective defense to establish a strong case.
Call the McCready Law Group today to schedule a case evaluation and increase your chances of getting the best possible outcome. I will fight aggressively to have the charges against you dismissed and attempt to keep you out of jail.