When someone faces criminal charges in Idaho, two terms often come up that sound similar but mean very different things: probation and parole.
Both involve supervision and certain restrictions on a person’s life; however, they happen at different stages of the criminal process and result in different legal consequences. Making a clear distinction can therefore enable individuals and their families to understand what lies ahead and how best to safeguard their rights.
In this article you will find a clear explanation of what probation and parole are, how they work in Idaho, and what happens if someone violates either one.
What Is Probation?
Probation is a sentence imposed by the court, instead of jail or prison. Instead of serving it in jail or prison, the defendant usually serves it in the community under supervision.
Probation in Idaho is usually imposed at the time of sentencing. The judge may feel that the defendant does not need to serve any time in jail, or the court can suspend part or all of the jail time and place a person on supervised or unsupervised probation.
Common conditions of probation may include:
- Regular check-ins with a probation officer.
- No new criminal offences.
- Drug or alcohol testing.
- Employment or school requirements.
- Counseling or treatment programs.
- Community service.
- Payment of fines, fees, or restitution.
Idaho allows for supervised probation, with regular meetings with a probation officer, and unsupervised probation, which has fewer direct oversight requirements but still requires adherence to all court conditions.
If a person successfully completes probation, they usually will not face further jail time, and their case will be considered closed.
What if Someone Violates Probation?
Probation comes with the risk of a probation violation, also called a “PV.” A violation may occur in the case of someone failing a drug test, failing to show up for appointments, committing a new offense, or violating any other condition of the probation order.
Probation violations in Idaho are usually handled in the following three steps:
- The probation officer will file a report or arrest warrant.
- The court holds a probation violation hearing.
- The judge decides whether to revoke, modify, or continue probation.
If the violation is serious, the judge may revoke probation and order the person to serve all or part of the original jail or prison sentence.
What Is Parole?
While probation is an alternative to incarceration, parole is early release from prison.
In Idaho, those serving prison sentences may be granted parole by the Idaho Commission of Pardons and Parole, but not by the court. Parole is a matter of discretion, not of right, and is dependent upon such factors as:
- The nature of the offense.
- Prison behavior and rehabilitation efforts.
- Public safety concerns.
- Completion of required programming.
If granted, the individual is released from prison, but strict conditions, similar to probation, are imposed during supervision in the community.
Parole Conditions in Idaho
Parole conditions often include:
- Reporting to a parole officer.
- Maintaining employment.
- Submitting to drug or alcohol testing.
- Following travel restrictions.
- Attending treatment or counseling.
- No contact with victims if ordered.
- Obeying all laws.
Unlike probation, parole conditions relate to release from prison rather than sentencing.
What Happens If Someone Violates Parole?
A parole violation is dealt with administratively, rather than in the form of a regular courtroom proceeding. If a parole officer thinks that someone has violated their parole, they may be arrested or detained.
The Idaho Commission of Pardons and Parole then determines:
- Whether a violation occurred.
- Whether parole should be reinstated, modified, or revoked.
If revoked, the individual may be returned to prison to serve the remainder of their sentence.
Key Differences Between Probation and Parole
To sum up:
Probation
- Ordered by a judge at sentencing.
- Occurs instead of incarceration.
- Violations dealt with in court.
- Can result in jail or prison if revoked.
Parole
- Granted by the Idaho Commission of Pardons and Parole.
- Happens after serving prison time.
- Violations handled by the parole commission.
- Can result in return to prison.
Need Help Navigating Probation or Parole Issues?
Probation or parole issues can be overwhelming. The consequences of a violation are serious, and the process moves quickly. Bendell Law Firm PLLC helps individuals protect their rights and effectively respond to allegations of violations.
If you or a loved one requires legal services, please contact Bendell Law Firm PLLC today for trusted representation in Idaho criminal matters.