Probation & Palore
Bail Unit Bail Bonds understands that difference between Probation and Parole can sometimes be the source of some confusion. We are here to help you understand Probation and Parole, how they differ from each other and how both of these situations affect the Bail Bond Process.
Generally speaking, Probation refers to a criminal sentence that results not in incarceration but a program of certain conditions defined by the court according to the supervision of a probation officer. Someone who is “on probation” may have served some time prison, but in other cases he may have served no time at all. Most commonly, Probation is a sentencing option for misdemeanors and some felonies, but not for more serious felonies.
While on Probation, an offender is required to follow rules established by the court. As the requirements below indicate, Probation terms can be strict or relatively relaxed based on the circumstances. The offender may be required to:
- Refrain from possessing any firearms.
- Maintain gainful employment.
- Respect a curfew.
- Maintain residence at an established location.
- Remain in the jurisdiction.
- Refrain from contact with any victims (often a condition in domestic violence cases).
- Refrain from contact with known criminals.
- Wear a monitoring device that transmits whereabouts to the relevant officials.
- Submit to regular alcohol and drug testing, or attend treatment sessions for alcohol or drug issues.
- Perform community service work.
Should an offender violate the terms of the Probation, the probation officer may go to the court with a petition demanding that the offender prove that he has not violated the terms of the Probation. In the event that the offender cannot challenge the presumption of guilt, he may be subject to additional conditions, required to remain on Probation for an extended duration, or sent to jail. Again, individual circumstances and the nature of the Probation violation will determine the severity of the remedy ordered by the court.
With Parole, a prisoner is released from incarceration before his prison sentence has ended. Unlike amnesty or commutation of a sentence, however, the person receiving parole (known as a “parolee”) will still technically serve his complete sentence, and might be returned to prison should he violate the conditions of parole. Parole may be granted for various reasons. Prisoners are occasionally paroled for medical or compassionate reasons, where a medical issue or humanitarian concern dictates that a prisoner should be released.
An authority such a Parole board most often determines the decision of whether a prisoner should be given Parole. In determining whether a prisoner should be granted Parole, it will consider factors such as whether the inmate can establish a permanent residence and whether he can win gainful employment or some other means of self-support. The Parole board will gather information by interviewing the inmate, subjecting the inmate to a psychological exam, and ensuring that the inmate signs a Parole contract outlining the terms and conditions for his Parole. The conditions for parole may include the following requirements:
- Maintain regular contact with a parole officer of corrections agent.
- Not possess any firearms or illegal weapons
- Keep regular employment.
- Refrain from illicit drug use and sometimes alcohol use.
- Attend drug or alcohol counseling.
- Refrain from contacting any victims.
Once an inmate has been paroled, Parole Officers will check on parolees to ensure that they are abiding by the terms of their Parole. Parole officers will, for instance, arrive unannounced at a parolee’s home to check homes for evidence of drug or alcohol use, possession of any firearms, and any other signs that the parolee is complying with the terms of his Parole. In the event that the parolee is not in compliance, a warrant will be issued for his arrest, and he will have a Parole violation hearing. During the hearing, a decision is made whether to revoke the Parole or allow the Parole to continue.
A Parole officer may decide, if he believes that a Parole violation has taken place, that he wishes to issue a Parole Hold. Should a Parole hold be issued and the parolee brought into custody, the parolee will be unable to escape custody until he is submitted before a Parole revocation hearing. In this case, it is not necessary for a parole officer to obtain an arrest warrant.
Differences Between Probation and Parole
It is essential to remember that Probation and Parole are not the same thing. For instance, Probation happens before you are sent to jail, whereas Parole happens after you are sent to jail. Additionally, if you are on probation then your supervising official will be a probation officer, whereas if you are on Parole then your supervising official will be a correctional treatment specialist. Finally, Probation is usually given for lesser crimes, whereas Parole is typically given after a prisoner has completed a portion of his incarceration and has demonstrated good behavior both in prison and before a Parole board.
Of course, probation and Parole are also similar in many ways, especially considering the requirements to abide by the law, follow the terms of the Probation or Parole, maintain contact with a proper official, and consequences for not following the terms of the Probation or Parole.
How Probation and Parole Affect the Bail Bond Process
The Bail Bond Process can be affected when someone on probation or parole is arrested. While arrested individuals are ordinarily eligible for bail in most cases, someone faced with a felony probation violation or a parole violation will usually be subjected to a “no bail hold,” meaning that the arrested individual will not be offered the opportunity to post bail until the hold is released.
Contact Bail Unit Bail Bonds at: 877.224.5177 and find out if your loved has a Parole Hold or if he still eligible for Bail.