One question that I get a lot is what is the difference between probation and parole. Sometimes people will use these terms interchangeably. While there are similarities between the two, they are two separate things.[1]
Probation
In Texas, we technically do not even have probation. We have what is called community supervision. However, most people still call it probation. Probation is given in lieu of a term of incarceration in either the county jail or the state penitentiary. It is governed by Chapter 42A of the Texas Code of Criminal Procedure. This very long section of code states what offenses are eligible for, how long a person can be on probation, and the types of conditions that can be imposed.[2]
In Texas, there are two options when looking at probation. The first is a deferred adjudication type of probation. This means that the judge in your case will defer a finding of guilty for a period of your probationary period. If you successfully complete the probation, the charge will be dismissed, and you will have no conviction. While on the term of deferred you must comply with all the rules given to you while on probation. If you do not successfully complete your probation on a deferred probation, the judge can sentence you anywhere in the range of punishment of the offense you plead guilty to.
The second type of probation is straight probation. This is most often seen in DWI cases where a deferred probation is not eligible. With the straight probation, you are sentence to a certain amount of time either in county jail or the state penitentiary. The judge then probates that sentence for a given amount of time. While on probation, you must comply with all the rules given to you while on probation. If you do not successfully complete your probation on a straight probation, the judge cannot sentence you to anything higher than what you originally plead guilty to.
While on either type of probation, it should be expected that you will have to check in with a probation officer monthly, pay fees, do community service, submit random drug testing, and attend behavioral correctional classes.
Parole
Parole on the other hand is granted after a person serves a term of incarceration in the penitentiary. It is governed by Texas Government Code 508. The granting of parole is by the Texas Parole Board. Some offenses or sentences are not eligible for release on parole.[3] Generally an inmate is eligible for parole once their actual calendar time served plus good conduct time equals one fourth of the sentence or 15 years, whichever is less. However, with many of the more serious offenses[4] an inmate is not eligible for parole until half of the sentence is served with no consideration of calendar time. Other enhancements or finding can affect a person’s parole eligible like a drug free zone finding or deadly weapon. Once released on parole, a parolee will have to report to his or her parole officer, abide by the law and any other conditions imposed. If parole is violated, a person can be sent back to prison to serve the remainder of their sentence.
Did you know?
The term being on paper is interchangeable with either probation or parole. Start using it to sound ten years younger!
Conclusion
Until you have completely served your entire sentence either on probation or parole, you can still be in jeopardy of being placed in custody if you have not done what you are supposed to be doing. Make sure to reach out to an experience attorney if you have violated either or want a modification of probation conditions.
[1] Comments about probation and parole in this blog are strictly related to State law in Texas
[2] Among other things
[3] Texas Government Code 508.145(a)
[4] Texas Code of Criminal Procedure 42A.054(a)
