Parole and probation are terms that some people occasionally use incorrectly. Although they have the same basic function, they’re two separate forms of post-conviction management used to provide defendants with an alternative to incarceration.
The main difference is when probation and parole begin for the defendant. Probation typically begins prior to, or instead of, a term of incarceration. Parole is offered after the individual has completed most of their term.
If you’ve been arrested and are facing trial for a misdemeanor or a first-time felony, you should discuss your sentencing options with your criminal defense attorney. The attorneys at Ashwell & Ashwell can explain what must be done to improve your chances at probation or community control.
In 1995, Virginia abolished discretionary parole for all felonies committed after that date. Inmates must serve at least 85% of their term before they can apply any “good-time” credits to their release. Other inmates who may qualify for parole include geriatric inmates. In many cases, their age makes them no longer a threat, their sentence consists of multiple misdemeanors that comprised a felony sentence, or they were youthful offenders who received indeterminate sentences.
Inmates who qualify are released to serve the remainder of their sentence under the supervision of a parole officer. They may have restrictions on their release, such as maintaining employment or continuing education. If they fail in the terms of their parole, they can be returned to prison to complete their sentence.
Probation can be a sentence for some misdemeanors, and may be an option for first-time felony offenses. Defendants are placed on probation prior to serving any jail or prison time. Probation can be:
Even unsupervised probation has rules and requirements. Judges receive notice of any classes or rehab that probationers are supposed to be attending, and can order you to report if they want.
If you’re facing a criminal charge and need a defense attorney, call Ashwell & Ashwell for legal advice. You may qualify for probation if this is your first offense and you are willing to follow the judge’s orders after your hearing.
