Anyone facing a criminal charge in New York must understand the difference between parole and probation, so they know what to expect if they are convicted. Probation can shorten a convicted offender’s jail term or help them avoid jail altogether if they meet certain conditions. In contrast, parole generally occurs after a prisoner convicted of a more severe crime has served at least half of their prison sentence, allowing the parolee to be released early and serve the remainder of their sentence through community service or other programs.
What Is Probation?
Depending on the crime, the circumstances, and the defendant’s prior criminal record, the court may impose probation instead of jail time on the condition that they adhere to all court-ordered rules. Probation releases the probationer back into the community under specific conditions. However, in some cases, incarceration is a condition of probation, and the probationer may be sentenced to jail time followed by probation.
Probation is often ordered for first-time offenders, misdemeanors, and offenses that carry relatively short jail sentences, such as one year or less. In New York, judges typically order one to six years of probation for a misdemeanor conviction and five to 10 years for a felony conviction, often served in conjunction with up to six months of incarceration in a city jail. A drug offender convicted of a Class A or Class B felony may receive 25 years to lifetime probation.
The terms for probation vary based on the case and the offender, but the most common probation conditions include:
- -Finding and maintaining employment or attending a school or vocational program
- -Regularly meeting with the assigned probation officer
- -Submitting to unwarranted searches and routine or random drug tests
- -Paying fines, fees, and restitution to victims
- -Performing a specific number of community service hours
- -Completing an alcohol or drug treatment program
- -Attending counseling or a domestic violence education program
- -Avoiding other known criminals
- -Remaining within a specific area unless permission has been granted to leave
What Is Parole?
Parole is a form of early, conditional release that allows prisoners to finish the rest of their correctional sentence in their community. State prisoners with “determinate” prison sentences that cover a specific time can be released after serving six-sevenths of their term, while prisoners with “indeterminate” sentences must receive approval from the New York State Board of Parole. The prisoner must appear at a parole hearing and, if parole is granted, they are released back into the community but must agree to supervision by and mandatory visits from an assigned parole officer. If denied, they must wait up to two years for another parole board hearing.
Some criminal statutes give offenders the right to receive a parole hearing at some point, but the parole board can deny parole to any prisoners they deem dangerous to the public. In other cases, prisoners may be ineligible for parole or only eligible after completing an extensive prison sentence. In New York, the parole term is three to eight years for Class A-II felonies and 15 to 25 years for Class A-I felonies. Non-class A felonies have probation terms that last a minimum of one year but cannot exceed one-third of the maximum sentence. Typical conditions for parolees include:
- -Maintaining employment and housing
- -Avoiding criminal activity, known criminals, or victims
- -Refraining from drug or alcohol use
- -Submitting to unannounced visits and random drug tests
- -Abstaining from possessing firearms
- -Completing drug or alcohol treatment programs or recovery meetings
- -Not leaving a specific area without permission from the parole officer
- -Following a curfew
- -Seeking approval before beginning a romantic relationship
FAQs
Q: Can I Shorten My Probation Term?
A: Sometimes. You may qualify for early discharge (termination) of probation if you have completed a minimum of 50% of your sentence, paid all mandatory fines, and completed any classes or treatment programs ordered by the court. Your attorney can help you draft and file motions in court to request an early discharge.
Q: What Happens If I Violate Probation?
A: Failure to follow any of the terms of probation is considered a probation violation. This includes neglecting to meet with your probation officer at the scheduled time, forgetting to pay a court-ordered fine, or failing a drug test. As a result, you will be required to attend a violation of probation hearing and may be taken into custody until the hearing date. If a judge finds you guilty, they can impose additional terms, such as lengthening the probationary period or increasing the frequency you are expected to meet with your probation officer. The judge may also impose penalties you would have incurred for the original crime, including time in jail or prison.
Q: What Are the Three Types of Parole?
A: Parole can vary among federal, state, and local criminal justice systems, but generally, there are three primary types:
- Mandatory: Often referred to as “good time” parole, mandatory parole is a means of rewarding prisoners for good behavior by shortening their prison sentence. After the prisoner reaches the end of their sentence minus the good time days off, they can be released on parole.
- Discretionary: Discretionary parole is granted to prisoners who meet conditions for release before their mandatory parole eligibility date. The prisoner must appear before a parole board to review the application and determine whether to grant or deny parole. If approved, they serve part of their remaining sentence under parole supervision.
- Expiatory: A prisoner receives expiatory parole after completing their entire prison sentence with no time off for good behavior.
Q: What Happens If I Violate Parole?
A: If you violate your parole, you may incur stricter or additional parole conditions. If you fail to comply or your violation was severe enough (such as committing a new crime), you may be automatically jailed for 15 days until a parole revocation hearing can be scheduled to determine whether a violation occurred. You cannot be released while parole violations are pending adjudication, which can take up to 105 days. If you are found guilty during the hearing, you may be released or incarcerated for a specific period called a “time assessment” that can range from 45 days to the remainder of your maximum jail term.
Make the Right Choice for Your Future
If you face a criminal charge in New York, it is essential to discuss your case with a criminal defense attorney before accepting a plea agreement or signing a conditions of probations document. Contact the Law Offices of Robert Tsigler today for dedicated legal representation to help you effectively navigate the criminal justice system and obtain the best outcome in your case.
