Parole and Probation Utica NY

When a person commits a crime worthy of a jail sentence, that person is sentenced to a certain amount of time in prison. That may range from an overnight stay to a few weeks or a month to a period of years to a full lifetime. Obviously, the more time you’re sentenced to, the more time you’d prefer to not spend. There are two basic types of sentence: determinate and indeterminate. The difference is a very basic one and implied by the names themselves; a determinate sentence is an exact period of time, such as, for instance, five years for armed robbery. The other kind of sentence, indeterminate, covers a range of time – the classic “eighteen to life” is a good example of this.

The alternative to serving jail time is to live in the community under government supervision; this takes different aspects in the two ideas of parole and probation. Probation law and the process of parole allow prisoners to spend productive time in society if they are deemed capable of doing so peacefully and in a law abiding fashion by the authorities. If you are in a condition of finding yourself in need of parole or probation, one of the most critical things you can do is prove yourself capable of service – and that means behave in accordance with the rules and being respectful no matter where you are or who you’re talking to. It may be difficult at times, but keep your mind on the prize and you’ll be able to do it. It also would be a very good idea to seek legal advice from your lawyer on the subject, as legal advice might be critical in getting you the best possible parole or probation option.

On first glance, a casual observer might think that parole and probation are just two words for the exact same thing – that is not at all the case. These are two different processes meant as two different (but related) types of alternative punishment. Probation is the one designed for the lesser of the two crimes, and is a sentence ordered by the judge. It is usually issued instead of a sentence of jail time, but sometimes can be added onto a jail sentence as an extended period of punishment after a prison term. A man or woman on probation is far more restricted than normal citizens, and may be required based on probation law to submit to the observation and supervision of a probation officer, depending on how serious the nature of the crime which was committed.

Parole, on the other hand, is a conditional release granted to some inmates after they’ve served part of their sentences. Keep in mind that parole is a privilege, not a right; parole can only be earned by good behavior. Unlike probation, which is part of a judge’s sentence, parole is granted by a board of parole or commission in most states. Paroles are conditional – a parolee will be required to remain in the area (to not leave the state or city limits, for example) – and to report on a regular basis to a parole officer. Violation of those conditions – by leaving the area or failing to report – will result in revocation of parole and re-imprisonment.

There is one other way besides the use of parole or probation law, which would be difficult to gain no matter how good your legal advice is; pardon. A full pardon is historically associated with a sovereign power or head of state, and is in the United States granted by only the president. Richard Nixon, for instance, was pardoned in 1974 by then president Gerald Ford, garnering widespread public attention from the media. As these sorts of pardons are exceedingly rare, however, you might as well just worry about parole and probation law to get you out of all or part of your prison sentence.