Parole vs. Probation: What’s the Difference? (Apr 2025)

Both probation and parole let people convicted of crimes spend less time incarcerated than what their maximum sentence prescribes. However, the two are very different otherwise. Probation allows someone convicted of a crime to avoid jail or prison entirely if they agree to supervision and other conditions.

Parole, on the other hand, allows an offender to leave prison before the completion of their sentence. Like those on probation, people on parole must agree to certain conditions. Here’s a closer look at parole vs. probation and the differences between the two.

What Is the Difference Between Probation and Parole?

Unless you’ve been through the justice system yourself or know someone who has, you might not understand what distinguishes parole vs. probation. These are some of the key differences that set them apart.

Probation

In some cases, people who are convicted of crimes will be incarcerated. Misdemeanor offenders usually spend time in the county jail, and those convicted of felonies are sentenced to prison.

However, judges will sometimes sentence offenders to probation instead. When someone is on probation, their sentence is “suspended,” meaning that they won’t have to be incarcerated as long as they follow certain conditions. If they violate those conditions, they may have to serve the sentence.

Generally speaking, there are two categories of probation:

• Unsupervised probation requires the person to not commit any more crimes
• Supervised probation has additional requirements like meeting with a probation officer

Someone convicted of a lower-level crime may be sentenced to unsupervised probation. While they may have to do community service or meet other requirements, people on unsupervised probation are not closely monitored or assigned a probation officer.

Whether they are sentenced to supervised or unsupervised probation, an offender who commits another crime during the probation period will usually have to serve the original sentence (as well as the sentence for the new crime) in jail or prison. Those on supervised probation may have to follow additional requirements like these:

• Regularly meeting with a probation officer
• Attending all required court appearances
• Drug and alcohol testing
• Following a curfew
• Paying court costs and supervision fees
• Doing community service

Probation is certainly preferable to spending time in jail or prison. However, whether it’s an option or not depends on your criminal history, the severity of your crime, and other factors.

For instance, if you’re convicted of a misdemeanor DUI first offense and have no prior criminal record, you’re much more likely to get probation than someone with an extensive criminal history who has been convicted of aggravated DUI.

Parole

Both misdemeanor and felony offenders can be sentenced to probation. However, parole is only available to those convicted of felonies and sentenced to prison. Parole is a kind of conditional release where a prisoner may leave before they have served their full sentence.

However, they must agree to be closely monitored and follow all conditions of parole. Conditions vary depending on the crime, but they may include the following:

• Regularly meeting with a parole officer
• Not drinking or taking drugs
• Maintaining a residence
• Maintaining a job
• Not associating with other offenders
• Not leaving the county (or a certain area) without permission
• Not having weapons
• Consenting to searches by law enforcement

Not all sentences come with the possibility of parole, and not all prisoners eligible for parole receive it. In most cases, offenders must serve a certain percentage of their sentence before being granted parole.

Typically, they must earn credit in prison by exhibiting good behavior, avoiding additional violations while incarcerated, and participating in rehabilitative programs. In some states, people who are granted parole may shorten their parole term by earning similar credits outside of prison.

Can a Lawyer Negotiate Probation?

If you’re hoping to be sentenced to probation instead of incarceration, having a lawyer is important. Many people make the mistake of thinking that if they’ll almost certainly be found guilty, it doesn’t matter whether they have legal representation or not.

This couldn’t be further from the truth. If a judge has a lot of latitude when it comes to sentencing options, an attorney may be able to advocate for you. For instance, many DUI sentences can involve time in jail, probation, or both. A skilled DUI lawyer may be able to convince a judge to sentence you to probation and community service instead of time in jail.

Can a Lawyer Help With Parole?

Parole is not automatically granted — you must convince a panel at a parole hearing that it is safe for you to be released into the community. While you do not have to have a lawyer at your parole hearing, the right lawyer can help in a number of ways:

• Explaining the parole process and what to expect
• Helping you practice answering questions
• Presenting arguments to the parole board
• Identifying evidence (like good behavior in prison) that may help your case

However, having legal representation is not a guarantee that you will be granted parole. Some people never qualify for parole and must serve their entire sentences.

You might wonder — how much does a lawyer cost? That depends on the individual lawyer and your specific circumstances. However, you shouldn’t make this important decision based solely on cost. In many cases, hiring a lawyer is an investment in your freedom and future.

Need a Lawyer for Probation or Parole?

If you’ve been charged with a crime, it’s always important to have an attorney. Depending on your charges, you might be able to avoid incarceration altogether. Likewise, if you’re up for parole, you should strongly consider working with a lawyer.

If you aren’t sure how to select an attorney for parole vs. probation, ConsumerShield can help. The legal world can be challenging to navigate, and we aim to help simplify the process as much as possible. We review your case and then match you with experienced attorneys in your area. Fill out our form to get started today!