What’s the Difference Between Parole and Probation in California?

Probation. Parole. You’ve probably heard these legal terms tossed around when it comes to sentencing for crimes. But besides both involving some type of supervised release, what’s actually the difference? As a criminal defense lawyer, I can’t tell you how many clients have asked me to clarify the distinctions between these two concepts. The misunderstandings are completely understandable – parole and probation get lumped together all the time, but they’re anything but the same thing.

Probation is a privilege granted at sentencing instead of jail or prison time. It’s your chance to walk free, but with a lengthy list of strict conditions you must follow. Conversely, parole applies after you’ve already been behind bars. It allows certain inmates to be released early but under intensive supervision to ensure public safety. In this blog, our defense lawyers break down exactly how probation and parole work, when they may apply, and the critical differences that could ultimately mean your freedom or your continued confinement.

Probation – An Alternative Sentence Avoiding Jail/Prison Time

Probation is a suspended prison or jail sentence. When the judge places you on probation, they decide that incarceration isn’t necessary at that time—but they keep it on the table if you violate the terms. The length of probation can span anywhere from months to years, depending on factors like the charges involved, your criminal history, and any aggravating circumstances.

During that probationary period, you’ll be under community supervision by a probation officer. They’ll check in frequently to ensure you’re adhering to requirements like:

• Passing regular drug and alcohol tests
• Attending counseling or rehabilitative programs
• Avoiding known criminals and risky environments
• Maintaining employment or education commitments
• Paying any court-ordered fines, fees, or restitution

Essentially, the courts are giving you an opportunity to prove you can still be a productive member of society under strict supervision. Break those rules, however, and probation can be summarily revoked, meaning the original jail or prison sentence can be imposed after all.

While intensive, probation at least allows offenders to keep working, living at home with family, and beginning to rebuild their lives – opportunities that would vanish behind bars. For lower-level crimes and many first offenses, our experienced California criminal defense attorneys often advocate for judges to grant probation instead of incarceration.

Parole – Early Release After Serving Prison Sentence

Unlike probation, parole requires the individual to first serve a portion of their original sentence behind bars.

The California justice system sees it as an incentive for good behavior, participation in rehabilitative programs, and demonstrating sincere remorse while incarcerated. It also helps reduce overcrowding and costs.

But parole isn’t simply letting someone out of prison freely. Far from it – parolees must adhere to an extensive set of strict parole conditions or risk getting sent right back to complete additional time on their maximum sentence. Parole must be granted by an impartial parole board (in California, that’s the Board of Parole Hearings), which determines the length of time the individual will spend on parole once released. The parole board evaluates each case individually, looking at factors such as:

• Length of sentence served (e.g., 85% in California for violent felonies)
• Participation in work programs, vocational training, or education
• Behavior and disciplinary record while incarcerated
• Steps taken towards rehabilitation and self-improvement
• Risk assessment of whether release could endanger public safety

If parole is approved, the inmate gets released from the institution but remains under intensive supervision, similar to probation. Typical conditions include:

• Frequently checking in with an assigned parole officer
• Obtaining permission before traveling or relocating
• Submitting to drug testing and searches as required
• Not associating with known criminals or gang members
• Either finding a job or actively seeking employment

Violating any of those parole terms is grounds for revocation – meaning going straight back to prison to serve out the remainder of the original sentence.

Key Differences Between Probation and Parole

So, while both probation and parole involve being released from confinement into community supervision, there are some key differences:

• With probation, you avoid incarceration in state prison altogether, while parole means serving at least some prison time first.
• Probation is decided by a judge as part of your original sentence. Parole requires a separate review and approval by a parole board after incarceration.
• Probation tends to be an option for lower-level crimes, first offenses, and non-violent offenses. Parole typically follows more severe charges and longer sentences.
• Conditions and supervision requirements are generally stricter for parolees compared to probationers.

Both put offenders on a restrictive path of community reintegration, with the threat of revocation constantly looming if rules aren’t followed.

When Is Probation Typically an Option?

It’s ultimately up to the judge’s discretion based on factors such as:

• The specific criminal charge and degree of offense involved
• Any prior convictions on your record and your overall criminal history
• An individualized risk assessment of whether probation poses a threat to public safety
• Court recommendations from prosecution and defense counsel
• Your personal circumstances (employment, family obligations, etc.)
• Steps you’ve already taken towards rehabilitation and remorse

Generally speaking, probation is far more commonly granted for misdemeanors compared to serious or violent felonies.

For felonies, judges are more likely to favor straight incarceration, but probation remains a possibility in cases with mitigating circumstances – especially lower-level felonies or first offenses without aggravating factors. Effective legal advocacy highlighting your rehabilitative efforts and minimal public risk is essential.

The bottom line: Probation gives you a chance to avoid the life-altering consequences of incarceration while still being held strictly accountable through community supervision. Make no mistake, though – probation is a privilege, not a right. The court will be evaluating whether you’re deserving of that opportunity.

Eligibility for Parole After Prison Incarceration

With parole, the decision is out of the court’s hands after sentencing. Instead, the California Board of Parole Hearings becomes the gatekeeper, holding immense sway over whether your prison sentence might be shortened through early release.

Parole board commissioners evaluate several key factors, including:

• Your current age and age at the time of the offense
• The severity and circumstances surrounding the original crime
• Whether the conviction involved violence, injury, weapons, etc.
• Your documented behavior, disciplinary record, and rehabilitative efforts during incarceration
• Insights from psychiatric or psychological risk assessments
• Input from the victims or families of victims
• Official statements and opinions from prosecutors
• Parole plans detailing your post-release living situation, employment, etc.

Under California law, the basic threshold is serving a certain portion of the imposed sentence before even being considered for parole:

• 50% for non-violent crimes
• 85% for many violent felonies (e.g., robbery, assault, arson, etc.)
• 100% for the most severe offenses like murder before eligibility

Other than the most heinous cases, an experienced criminal appeals/post-conviction attorney can substantially improve an inmate’s chances of making a persuasive case for parole suitability. Documentation of rehabilitative programs, vocational training, remorse, and solid parole plans makes a significant difference.

In the end, the parole board’s core considerations are whether you’ve been rehabilitated to responsibly reintegrate into society while evaluating lingering public safety risks. Demonstrating that readiness through verifiable actions is vital.

Navigating the complex parole process while incarcerated, let alone appearing before the board itself, is inherently challenging. That’s why retaining proven criminal appeals counsel should be an absolute priority for any inmate nearing parole eligibility. Your future may depend on it.

Getting through life after a criminal conviction is an uphill battle, but one our team at The Nieves Law Firm has guided many Californians through time and again. From fighting for second chances through probation, to increasing the odds of hard-earned parole approval, to even sealing or expunging criminal records – we leverage decades of collective experience to protect our clients’ rights at every turn.

If you or a loved one are facing charges, or sentencing, or an upcoming parole hearing, contact us for a comprehensive case evaluation. Our criminal defense attorneys can explain all your options, devise a strategic path forward, and ensure no opportunity gets left unexplored as we pursue the best possible outcome. Your future is too important not to get the professional legal representation you deserve.