Parole probation law governs the guidelines and rules to be followed by the party subjected to parole or probation. It also advocates the offenders’ rights. Parole or probation is an alternative to imprisonment. Probation allows the party to skip the jail term while parole allows him or her to finish jail term well ahead of the court awarded time. The parole probation law requires the offender to submit him or herself for warrantless searches, even without a probable cause.
When a person is granted probation, he or she is given a chance to prove that he or she can rehabilitate and live a better life. Here, the judge would suspend the sentence until the end of probation or reserve the judgment for after probation. If the offender follows all the rules of the parole probation law, then he or she would escape jail sentencing. Otherwise, the judge can award new judgment based on the violation of the probation and the original crime.
While under probation, the party would be required to undergo rehabilitation, and periodic drug tests. The subject may have to pay the court fees, fines, attorney (court appointed) fees and restitution fees. The period of probation can be between one year and ten years.
When under parole, the subject will have to follow certain rules as those with probation. The subject may be required to board in a court appointed halfway house. He or she would also be required to continue with the payment of fines or other financial commitments. Violation of the parole conditions would cause the defendant to be sent back to the prison to complete his or her initial jail term. The parole cap depends on the sentencing period.
The conditions of the parole and probation are determined based on the crime, the type of rehabilitation required by the subject and the state’s parole probation law. Both functions aim to protect the community while rehabilitating the defendant.
Two separate departments enforce the parole probation law in some states. Some states have a single office overseeing these functions. In any case, the subject needs to have a good and healthy relationship with his or her parole or probation officer. Moreover, the defendant must have a good counsel to represent him or her in the court of law. This is as important as the representation for his or her initial crime.