Probation Violation vs. Parole Violation – What is the difference?
Our criminal defense law firm defends individuals charged with crimes in Pennsylvania and New Jersey. While the majority of our criminal defense representation involves representing people against criminal allegations, we frequently, we receive calls from families regarding probation violations and parole violations. These words are often used interchangeably, but they are very different. If you or a friend, or a family is currently on probation or parole, you must understand this difference!
What is probation and how can a convicted person violate it?
Probation is defined as a time in which a person is under supervision at the County or State level while parole is supervision, but with the understanding that the person has been released from custody prior to their maximum but still owes more time in jail or prison based on their sentence. For example, if a person is sentenced to 4-years of probation, they will be assigned a probation officer. The purpose of probation is to ensure that a person does not engage in behavior which initially put them into trouble. Typical conditions of probation and parole are as follows:
- Remain arrest free (no new criminal charges)
- Report on time to probation officer
- Pay all costs and fines
- Maintain employment
- Pursue or complete education (GED)
- Complete an education program (i.e. anger management. Alcohol & Highway Safety School)
- Complete job training
- Stay away from victim or certain places (stores or establishments)
- Keep current child support obligations (if applicable)
If a person were to violate any portion of their probation agreement, they would be subjected to resentencing before the original sentencing Judge unless that Judge had retired, passed on or somehow reassigned.
Direct Probation Violations vs. Technical Probation Violations
With regards to probation violations, there are direct and technical violates. A direct violation is something like a new arrest and obviously a conviction. Technical violations are a positive or failed drug screen and/or the failure to appear for appointments or satisfy some other conditions of probation.
If a person violates probation, they will need to appear before the Judge and face the possibility of resentencing which could include a longer period of probation or possible incarceration.
How is parole different from probation in Pennsylvania and New Jersey?
Parole is different from probation in that a person has time remaining on their sentence and in most situations a violation would cause a person to receive the maximum punishment for the sentence imposed. For example, in a County parole situation where a person is sentenced to 3-23 months of County incarceration and is released at the minimum date (3 months), they would have additional 20-months on parole. If during that 20-month period they received a violation of any sort, they would face the possibility of serving the rest of their sentence in County jail. County parole is different from State parole. County parole does not subject the person to a Parole Board.
State parole requires a person appear before a Parole Board for a release of the minimum date and/or to hear about violations of a parole status. It is important to understand that a person is not entitled to counsel at a Parole Board hearing and the decision of the Parole Board is not subject to an appeal.
Frequently, our criminal defense law firm represents individuals who seek to terminate their probation early in Pennsylvania and New Jersey. It is important to understand that these cases are handled on a case-by-case basis and not everyone is eligible, and certainty not entitled, to have their probation terminated prior to its conclusion under the agreed upon terms or upon the terms which the Court ordered.
If I am on probation is it possible terminate it early? What do I need to do to terminate early?
Motions to Terminate Probation – What do you need to have in a motion to terminate probation?
First, most courts will not consider an early termination if there 1 year or more remaining on the probation; in some cases a course will consider it if there is more than one year remaining on the probation term.
With regards to probation, it is important to understand that before a Motion to Terminate Probation is filed, all costs and fees associated with the conviction must be paid. This means that if there are any outstanding fees owed to the Commonwealth or the State, the Criminal Court Judge will likely not grant the Motion if those fees are not paid in full.
Further, prior to making such an application, it is important to have the recommendation from the assigned probation officer with regards to the termination. In most situations, a Court will not grant a Motion to Terminate Probation early if the assigned probation officer is not in support of that Petition to terminate.
In addition to remaining compliant with all the conditions of probation, it is important to understand that if you’re employed, a letter from an employer or perhaps school transcripts are all important factors the Court will use to determine if probation termination is appropriate. Again, a Court will more then likely not grant an early termination of probation if a person is not employed or fails to complete necessary educational courses as ordered by the Court (GED).
Conclusion
An early termination of probation can often result in job advancement or a move to a new place. If you plan to pursue a motion to terminate probation seek the advice and counsel of qualified criminal defense lawyer
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