Parole vs. Probation: What’s The Difference?
Maryland’s criminal justice system can be confusing, especially when it comes to understanding the difference between parole vs. probation.
These two terms are often used interchangeably, but they involve very different processes. The distinctions can affect your decisions, your rights, and your plans for the future.
So, how do these programs work? Who decides if you qualify? What conditions apply, and what happens if the rules are broken?
Greenberg Law Offices helps Baltimore clients navigate these questions and more. We provide guidance tailored to your specific case and fight for the best outcome possible.
If you’re dealing with sentencing questions, need guidance on parole vs probation, or want advice on your eligibility, the reputable criminal defense attorneys at Greenberg Law Office are ready to help.
Contact us today for your fully confidential consultation.
6 E. Biddle Street
Baltimore, MD 21202
What Is Probation?
Probation is ordered by a judge as part of sentencing, usually instead of jail or as part of a Probation Before Judgment (PBJ).
However, some judges will impose a period of probation after someone is released from jail. Maryland courts describe PBJ as avoiding entry of judgment, which occurs after you plead guilty or are found guilty, but then the judge strikes the guilty finding and imposes PBJ.
While the person is placed on probation under specific conditions, if you violate those conditions, the state will file a violation of probation hearing against you, and you can not only get the entire amount of time from the original suspended sentence, but you can also be charged with the new crime that led to the violation.
During probation, you must follow specific rules, which can include the following:
- Regular meetings with a probation officer
- Attending counseling or educational classes
- Avoiding certain people and places
- Following restrictions like not using alcohol or drugs
- Paying fines, restitution, or court costs
Failing to follow these rules can lead to a judge revoking your probation, which may result in serving the original jail or prison sentence.
What Is Parole?
Parole is an early, conditional release from imprisonment granted by the Maryland Parole Commission after a person has already been serving a sentence.
The Maryland Parole Commission evaluates whether someone can safely reintegrate into society before the end of their full sentence.
While on parole, you are subject to conditions similar to probation. These include the following:
- Meeting regularly with a parole officer
- Maintaining employment or attending school
- Participating in treatment programs
- Staying within approved housing and avoiding criminal activity
Violating these conditions can lead to being returned to prison to finish the remainder of your sentence. Parole is a chance to transition back into the community gradually, with oversight to reduce the risk of re-offending.
What Are the Key Differences Between Probation and Parole in Maryland?
Understanding the distinctions between probation and parole can clarify what your options are and what you should expect.
The following are the main areas where they differ:
Timing of Sentence
Probation is imposed by the court instead of a prison sentence. It begins immediately after sentencing, so you stay in your community under supervision as soon as your case is over.
Parole, on the other hand, occurs after a portion of your prison sentence has been served.
You are released from incarceration, typically after meeting certain criteria and serving the minimum portion of your sentence required under the law.
Granting Authority
Probation is granted by a judge as part of your sentence.
The judge decides whether it’s appropriate based on the specific crime and your criminal history. They will also consider any mitigating circumstances.
Parole is granted by the Maryland Parole Commission. The MPC is an administrative body that reviews your conduct in prison, as well as your participation in any required programs and your potential risk to the community. This decision is separate from your court sentence.
Eligibility
Probation eligibility often depends on factors such as whether it is a first offense and whether the law allows for probation in that case.
Some crimes do not allow for probation at all.
Parole eligibility is determined by statute and the parole board’s review. For example, Maryland law has minimum sentence periods and other requirements before parole eligibility for certain convictions. The parole board also considers your plans for reintegration into the community.
Supervision, Conditions, and Consequences
Both probation and parole require supervision, but the supervising authority differs.
Probation officers report directly to the court, while parole officers report to the Parole Commission. Conditions for both can include curfews, drug testing, employment requirements, and attending treatment programs.
Consequences for violating these conditions are serious, including the following:
- Probation violations can lead to revocation and immediate incarceration for the original sentence.
- Parole violations can result in being returned to prison to serve the remainder of your term.
It’s important to stay in compliance to avoid these additional legal consequences.
Frequently Asked Questions About Parole vs Probation in Maryland
Many clients have questions when they’re trying to understand the difference between parole and probation. The following answers include common questions Greenberg Law Offices receives.
Do all offenses qualify for probation?
Mostly yes. Almost everyone gets a period of probation after they are released from a sentence.
Can probation or parole be revoked?
Yes. Violating probation or parole conditions can lead the court to revoke it, requiring you to serve your original jail or prison sentence or the remainder of it.
How does parole differ from probation regarding supervision?
While both involve monitoring, probation supervision is handled by court-appointed officers, and parole supervision is managed by the Parole Commission. Parole often involves stricter oversight because you are transitioning from prison back into the community.
Can I appeal a parole decision?
Generally, yes. If the Maryland Parole Commission denies parole, you can request reconsideration after a certain period. You may also have the right to legal counsel or representation.
Are there programs that help with probation or parole compliance?
Yes. Maryland offers various treatment programs, educational courses, and vocational training to support compliance and reduce the likelihood of violations. Completing these programs can also positively influence parole decisions.
Contact Our Baltimore, MD Criminal Defense Attorneys for Help Today
Understanding the difference between probation and parole is just the first step.
Whether you’re facing sentencing decisions, seeking parole, or want to know your obligations under probation, Greenberg Law Offices can guide you through the process and advocate for your rights.
Reach out today to discuss your situation and get clear, practical guidance on Maryland’s probation and parole system.
Your case review is fully confidential.
