If you’ve been convicted of a crime in Florida, you’re likely worried about what sentence they may face. A convicted defendant may face the prospect of probation or parole. A Florida criminal defense attorney can help you understand the differences between parole and probation and how they may affect your criminal case.
Parole in the Florida Criminal Justice System
In Florida, a person serving a prison sentence may obtain parole, which grants a conditional early release from prison. A convicted defendant may receive parole after serving a minimum amount of their sentence and demonstrating good behavior while in prison, including having few or no disciplinary infractions and participating in rehabilitative programs like work programs or education.
A person released on parole must follow specific rules and requirements. Common parole conditions include regular meetings with parole officers, maintaining stable employment and housing, refraining from drug use, submitting to random drug tests and home searches, and refraining from committing new crimes. A person who violates the terms of their parole may get sent back to prison to serve the remainder of their original prison sentence. Violations that involve new crimes may also result in additional sentences.
How Probation Works in Florida
A person convicted in Florida may receive probation instead of jail or prison time. The court can sentence an individual to a specific term of probation. Defendants facing a first-time conviction for a non-violent offense have a higher chance of receiving probation; courts impose probation less frequently for repeat offenders or severe crimes.
Probation allows a convicted defendant to remain in the community while under close supervision by the corrections system. A convicted defendant sentenced to probation must follow various requirements and restrictions, such as maintaining stable employment or housing, refraining from drug or alcohol use, not committing new crimes, performing community service, submitting to drug testing, and regularly checking in with probation officers.
Violating the terms of probation can result in the court revoking an individual’s probation and imposing a new sentence, which may include an extended term of probation, more restrictive probation terms, fines, or time in jail or prison.
Differences Between Parole and Probation in Florida
Although probation and parole have roles in the criminal justice system, they differ from one another in several ways, including:
- Timing: Parole occurs after a convicted defendant serves part of a prison term, whereas probation forms part of a defendant’s initial sentence and substitutes for a jail or prison term.
- Eligibility: A convicted defendant may become eligible for probation if they have few or no prior offenses and have committed a less serious criminal offense. A prisoner may become eligible for parole after serving a minimum required term of their sentence and demonstrating good behavior and rehabilitation while in prison.
- Purpose: Probation constitutes the punishment of a person who has committed a crime. Conversely, prisoners may receive early release from prison on parole for their good behavior and swift rehabilitation while in prison.
- Supervision and restrictions: Parolees may face stricter supervision and restrictions than probationers, as parole allows prisoners to skip serving part of their prison term if they can keep up their good behavior in the community for the rest of their term. Probationers may also enjoy more leniency from the court for minor or technical violations of the terms of their probation.
Contact a Criminal Defense Attorney Today
Are you facing the possibility of probation or parole as part of your sentence? If so, contact The Sombathy Law Firm today for a confidential consultation with a criminal defense attorney to understand the differences between probation and parole and how they may apply to your criminal sentence.
