What is the difference between probation and parole?
I have encountered many people in the past (officers and civilians) who dont know the
difference between the probation system and the parole system. In this article, I hope to clarify
the difference between the two.
Probation When a person goes to court and is found guilty of violating the law, they can be
given a suspended sentence. This means that instead of doing time in jail or prison, the person
has their time suspended for a period of time with a list of conditions. These conditions can
range from paying fees every month, checking with a probation officer periodically, not violating
the law which includes traffic tickets, and possibly wearing an ankle monitor.
Different types of probation:
city citations in the state Im in, and there could be others, where in lieu of paying a fine or
taking defensive driving course, a person can remain on probation for a number of months with
the stipulation that the offender doesnt received another ticked during those months. After the
probation period is up and the offender hasnt received another ticket, then the probation is lifted
and the ticket is removed from their record. But if the offender receives another ticket during
that period, then the person has to pay the full amount of the fine and the ticket goes onto their
driving record.
Misdemeanor criminal probation- These are for criminal misdemeanor charges. In my state we
have class A and B misdemeanors. Remember, penal code violation and classes vary from state
to state.
Punishments for these classes are:
Class A is no more than one year in jail.
Class B is no more than 180 days in jail.
When a person is put on probation, the judge can sentence them up to two years of probation.
Instead of serving time in jail, the offender serves his time out of jail but with conditions. The
stipulations for being on probation are paying fees every month, checking with a probation
officer periodically, and not violating the law which includes traffic ticket. In some cases an
offender is mandated by the court to wear an ankle monitor.
Felony probation This is for someone who committed a felony offense.
Punishments for the degrees of felonies:
F4 (also known as state jail felony) is between 180 days and 2 years in a state facility. (I will
write another article on the difference between jail, state jail, and prison.)
F3 (third degree felony) is between 2 years and 10 years in the state prison.
F2 (second degree felony) is between 2 years and 20 years in the state prison.
F1 (first degree felony) is between 5 years and 99 years in the state prison.
Capital Death or life in prison. (not all states have the death penalty).
If the judge decides to put a person on probation, the offender can be given up to 10 years of
probation. This does not include capital crimes. I have seen only once in my seventeen years of
law enforcement career that a person convicted of a first degree felony get probation. Most
felony charges that get probation are state jail felonies and third degree felonies. Sometimes
probation is given to second degree felonies. But all these cases are dependent upon the crime,
type of crime, modus operandi, and other stipulations that the court determines on giving out
probation to convicted felony defendants.
Parole this is completely different from probation. Whereas probation is given in court at the
time of sentencing, parole is given to an offender who has been sentenced to do prison time.
Parole does not apply to jail sentences only prison sentences.
It is not given to those who were sentenced life without parole.
A parole hearing, given by the state parole board, is given after a period of the sentence has been
served. The board will decide if the prisoner will be paroled out to serve the remainder of their
sentence on the outside.
Thats the difference between probation and parole. I hope this helped you understand the
difference between the two.
Article by Tammy Bonner
served with the sheriffs department from 1994 to 2010.
Education includes: Basic Peace Officer, Basic and Advanced County Corrections Officer,
Mental Health Officer, AAS, BBS, MMin, PhD
