What is the Difference Between Probation and Parole?

While in popular media and other forms of public discourse there is a lot of focus on crime and the criminal justice system in general, there is very little emphasis on probation and parole. So, it’s easy for one to be unaware that there is even a difference between the two.

Both probation and parole are important parts of the Stillwater, Oklahoma criminal justice system that can reduce the amount of time a convict has to spend behind bars.

This article explains the primary differences and similarities between probation and parole, and how they can benefit you or a loved one who has been convicted of a crime. Contact a Stillwater attorney if you need direct assistance with a pending criminal matter. Call 405-673-1600.

Probation and Parole in Stillwater

While there are many who are against criminal offenders being released to serve their sentences in the community, it is important to take note of a few facts.

Of the estimated 7 million offenders under correctional supervision in the United States, only 2 million are in jail or prison. Incarceration costs the government approximately $40,000 per person, per year. However, the estimated 5 million offenders on probation or parole cost the government an average of $4,000 to $5,000 per person, per year.

So, the majority of offenders are supervised in the community; this allows the federal and state governments to save a significant amount of money. This benefit to the federal and state governments (and ultimately the taxpayers) must be weighed against the need to keep the communities safe — which is the primary reason for the existence of probation and parole today.

Probation in Oklahoma

Probation is a sentencing alternative available to judges to use with less serious offenders. Probation, which imposes certain conditions and restrictions on the convicted person’s release, can be given in lieu of incarceration.

For instance, if you are a first-time offender or your offense is not of a serious nature, the judge may sentence you to a period of probation. This allows you to serve your sentence in the community under the supervision of an officer of the court.

If you comply with the conditions of your probation, you will remain free. However, if you violate any of the conditions of your probation, you may be ordered to spend the rest of your sentence behind bars.

Parole in Oklahoma

On the other hand, parole is an early release from prison. So, you must have previously been convicted and already be serving time behind bars to be granted parole.

Parole is a privilege, not a right. Typically, only inmates who meet certain requirements as to their conduct while incarcerated, express remorse for their crimes, and are deemed less likely to reoffend will be eligible for parole.

Some criminals have been sentenced by the judge to serve their time without the possibility of parole. Also, anyone convicted of violent crimes and sex offenses will have a difficult time getting paroled from prison.

If you are paroled from prison, you may remain free to serve the remainder of your sentence in the community — as long as you abide by the conditions of your release. If you violate any of the conditions of your release, you may be returned to prison to complete the remainder of your sentence behind bars.

Probation vs. Parole

The main difference between probation and parole is the length of incarceration. There is typically little or no time to be served with probation. On the other hand, parole is an early release from time already being served — usually for serious offenses.

Probation and parole are similar in that in each case the offender is allowed to complete all or a portion of their sentence in the community while being supervised by an officer of the court. He or she must meet certain conditions and restrictions, including:

Regularly reporting to their parole or probation officer.
Not committing any additional crimes.
Not leaving the state of Oklahoma unless they obtain written approval in advance.
Not using or possessing any drugs.
Avoiding contact with other offenders (whether past or present).
Submitting to random searches, drug tests, or both.

How to Benefit from Probation and Parole

If you are on parole from prison and adhere to the conditions of your release, you will remain free while completing the remainder of your sentence.

Likewise, if you are sentenced to probation and abide by the rules, you will not have to serve any time in jail or prison.

Furthermore, certain offenders who are sentenced to probation, and meet all of the conditions of their release may later have the charges against them dismissed altogether.

So, in both cases, strict adherence to the conditions of your release is extremely important to your freedom.

If you are on probation or parole and are having any trouble complying with any of the conditions of your release, you should speak with an attorney and your probation or parole officer before it becomes an issue that jeopardizes your eligibility to remain free.