Probation and parole are similar conditions under which a person convicted of a crime may not be incarcerated. Both are periods of time during which a person is tested to be certain he or she can be trusted to obey the law. Persons on probation or parole need to check in periodically with a caseworker and sometimes submit to certain tests or conditions during this period.
The Difference Between Probation and Parole
Although they are functionally similar, there is an important differemce between parole and probation. A person convicted of a crime, especially a non-violent offense, may be sentenced to a period of probation instead of jail time. By contrast, parole is granted as a condition of release from jail or prison.
Parole is a transitional period after incarceration, meant to ensure the individual can be trusted to re-integrate into society as a productive, or at least non-threatening, member. Subjects on parole have standard and individualized conditions they must meet, or face consequences for violation.
Probation is similar to parole in many respects. It’s a trial period during which a convicted person is required to abide by a strict set of conditions.The individual conditions of probation depend on certain variables, and are specifically set forth by the court at the time of sentencing.
Penalties for Probation and Parole Violations
Like the terms and conditions themselves, the penalty for violating parole or probation can vary widely from case to case. However, because probation and parole are a privilege, the penalty for most violations can be harsh—in many cases, more severe than the penalty for the original conviction.
Probation and parole provide convicted persons the opportunity to serve all or part of their time under supervision rather than confined to the prison system. The law views violations of the terms of probation or parole as a serious matter requiring immediate action.
If you are on parole or probation, any failure to meet the standards expected of you could result in another court hearing and possible return to jail. If you were never sent to prison in the first place, the original sentence could be revised to include incarceration. If you were paroled after a shortened sentence, the court could choose to send you back to prison for an extended amount of time.
Due to the harsh penalties you may face if convicted, your defense of a probation or parole violationcan be an even more serious matter than your original charges. Even if the violation was minor or accidental, you can be looking at a very unpleasant future without the right defense. Make no mistake, this is not a matter you can handle on your own.
Defenses for Probation and Parole Violations
If you or a loved one is accused of any type of probation or parole violation, working with an experienced defense attorney is crucial to obtaining the best possible outcome for your case. James Medows is a skilled defense lawyer with a deep understanding of the law as it pertains to violations of this nature.
Our law office routinely defends clients against allegations of probation and parole violations. We can put our experience to work for you, and fight hard to ensure your side of the story is heard by the court.
In some cases, your violation may have been a misunderstanding, such as failing to meet an officer at the correct time and place. We understand, and will strive to make understood, your intent to comply with the terms of your parole or probation. In many cases, we can arrange for charges to be reduced or dropped.
In cases of probation or parole violations, you are entitles to due process of law—just the same as with any accusation of crime. You have the right to face your accuser and argue that:
There is insufficient evidence of a violation
There were extenuating, unavoidable circumstances that caused the violation (and therefore some reasonable accommodations should be made for you to make up for the violation)
There is some compelling reason why the violation should not result in additional consequences being imposed
Every case is different; these are just some examples of possible defenses we can employ.
James Medows relies on a thorough knowledge of the law, court procedures and local precedents to advocate for his clients. Using time-tested as well as innovative strategies, James will fight hard to get the best resolution for your case. James has developed a good working relationship with local police, judges and prosecutors, and they know his reputation for excellence.
If you’re accused of a probation or parole violation, you need to lawyer up right away. Contact our office, or call or text James Medows on his personal cell phone at:(917) 856-1247