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What’s the Difference Between Probation and Parole in Missouri?

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What’s the Difference Between Probation and Parole in Missouri?

What’s the Difference Between Probation and Parole in Missouri?

When facing Missouri’s criminal justice system, people often use the terms “probation” and “parole” interchangeably. While both involve supervision within the community, they are separate legal processes with different rules, timelines and authorities. If you are facing criminal charges, you should understand the distinction. As a criminal defense attorney with over two decades of experience in central Missouri, I, Scott A. Hamblin, have guided countless clients through these complexities. Let’s explore the differences between probation and parole:

  • Timing: Probation is typically ordered at sentencing instead of jail time, while parole is granted after serving a portion of a prison sentence.
  • Authority: A judge grants probation during the sentencing phase. In contrast, the Missouri Board of Probation and Parole grants parole after a hearing.
  • Eligibility: Probation is often available for first-time or less severe offenses. Parole eligibility depends on an inmate’s behavior in prison and the nature of their crime.

What Is Probation in Missouri?

Probation is a sentence a judge can impose that allows a convicted individual to remain in the community under supervision rather than serving time in jail or prison. It offers a chance to demonstrate rehabilitation while maintaining ties to family and employment.

However, this procedure is subject to strict conditions set by the court. Violating these terms can have severe consequences. Common probation requirements include:

  • Reporting regularly to a probation officer.
  • Paying fines and restitution to victims.
  • Completing community service hours.
  • Attending mandatory counseling or treatment programs.
  • Submitting to regular drug and alcohol testing.
  • Avoiding any new criminal activity.

If you fail to meet these obligations, your probation officer can report the violation to the court. This may result in a probation revocation hearing, where a judge could order you to serve the remainder of your original jail sentence.

What Is Parole in Missouri?

Parole is the conditional release of a prisoner before they have completed their full sentence. It is not a right but a privilege granted by the Missouri Board of Probation and Parole. The Board evaluates an inmate’s readiness to re-enter society based on their conduct in prison, participation in rehabilitation programs, and the severity of their original offense.

If granted, the individual, now known as a parolee, serves the rest of their sentence in the community with the supervision of a parole officer. Similar to probation, parole comes with a set of rules that must be followed, such as maintaining employment, adhering to a curfew, and avoiding contact with victims. A parole violation can lead to revocation and a return to prison to finish the sentence.

What Are the Key Differences Between Probation and Parole?

While both probation and parole involve supervision, understanding their fundamental differences is essential. I’ve broken them down into four key areas:

  • Eligibility: A judge determines probation eligibility at sentencing, often for first-time offenders or those convicted of non-violent crimes. Parole eligibility is determined by the Board after an inmate has served a required portion of their prison sentence.
  • Timing: Probation is part of the initial court sentence, occurring instead of incarceration. Parole happens after a period of incarceration has already been served.
  • Granting Authority: A judge in the sentencing court has the authority to grant probation. The Missouri Board of Probation and Parole, an administrative body, holds the power to grant or deny parole.
  • Supervision: While both are supervised by the Missouri Department of Corrections, the context differs. Probation is a direct sentence from the court, whereas parole is a continuation of a prison sentence served in the community.

How Can a Criminal Defense Attorney Help?

Facing legal matters involving probation or parole can be overwhelming. Whether you are facing sentencing and hoping for probation or preparing for a parole hearing, having an experienced attorney on your side is critical. As a former assistant prosecutor, I have a unique perspective on how the system works and can develop a legal strategy tailored to your specific goals. If you need legal assistance with a probation or parole matter, I am ready to fight for your rights. Contact me to discuss your situation.

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