Parole is a critical, but often incorrectly interpreted or misread component of a sentence given to a client by the criminal justice system. The following are intended as examples of some common beliefs we have experienced in our criminal defense cases with our clients.
Myth: Parole is the same thing as Probation
Reality: Probation is part of a sentence given by a Judge at the time of sentencing. The probationary sentence is ordinarily to a specific term, for example 1 year, 2 years, etc. The Judge can require a period of confinement in a County Jail as a condition of him imposing a term of probation. While the client is under probation, the client remains under the jurisdiction of the Court and any violation of probation is taken back to the Judge for a determination of what the penalty will be for the probation violation.
Parole is under the exclusive jurisdiction of the Parole Board. The sentencing Court does not impose parole. Instead, after a client is serving a State Prison sentence, the Parole Board conducts an investigation and either grants or denies parole depending on the results of the Board's investigation. Any violation of parole results in the client being taken back before the Board, who determines the penalty for violating parole. (An exception applies where the client was convicted of certain sex related crimes).
Myth: Parole reduces the sentence imposed by the Judge
Reality: Parole only affects where a client will serve his sentence, not the length of the sentence that is imposed or served. In essence, after being placed on parole a client is serving the sentence that was imposed by the Court; the client is just serving the sentence while out in the community. Being placed on parole is kind of like being on your honor to follow a strict set of conditions, which allows a client to start getting his life back. A parole violation exposes a client to being sent back to prison to serve out the remainder of the original sentence.
Myth: Being placed on Parole happens as soon as you are eligible
Reality: Parole is not automatic. Just because you have served the 'punitive' portion of a custodial sentence, does not equal a right to be released on parole. The law that sets the terms of the original sentence will dictate when a client is eligible for consideration for parole. For example, if the Judge imposed a period of parole ineligibility, that period would have to be completed before the client could even start the process for parole consideration. As a general rule of thumb, if the Judge did not impose a period of parole ineligibility, the client would need to serve a third of their maximum sentence before being considered for parole. Obviously, there are also other issues that could slow down or stop the consideration of a parole application.
Myth: Being on Parole is the same as being 'Maxed-out'
Reality: A statutory release because a client has 'maxed-out' is based upon the fact that the client has completed the entire period of incarceration imposed by the Judge. In essence, when he has 'maxed-out', the client has to be released because there is no more sentence to be served. When a person is placed on parole, the sentence has not yet been completed, and a violation can result in the termination of the parole. If this happens, the Parole Board can put the client back into prison to serve out the remainder of the sentence (effectively imposing a 'maxed-out' sentence).
When you are faced with a question of whether a loved one is eligible for parole consideration, a careful analysis of what options are available has to be made by an experienced criminal defense lawyer like those at Bailey & Orozco. Should the application be submitted? Should an alternative such as ISP (Intensive Supervision Program) be considered? What considerations will support the parole application and make it most likely that the parole application will result in the client's release on parole? These and other issues are addressed in other articles on this website, and can be addressed in a consultation with our defense lawyers.
