How Does a Judge Sentence Probation and Parole?

If having the criminal charge against you dropped altogether or being acquitted isn’t an option, staying out of jail or seriously limiting the time you are required to serve is the next-best alternative, and this is where probation and parole come into play. The law determines eligibility for both probation and parole, and the presiding judge or the parole board determines the conditions that apply. If you’ve been charged with a crime, don’t wait to retain the skilled legal representation you need – consult with an experienced Nashville criminal defense attorney today.

Probation

In order to receive probation, you must plead guilty to the charge in question, which may have been reduced via a plea bargain or must have been found guilty in court. Probation is only available under highly specific circumstances. Many crimes are considered too serious to support probation, and those with prior criminal records are less likely to be considered eligible. Generally, probation is reserved for first offenses when both the following apply:

• The crime was nonviolent.
• The defendant doesn’t pose a serious threat to the community.

If you receive a probation sentence, you can serve it while continuing to live in the community, such as at home with your family.

The Terms of Your Probation

If the judge sentences you to probation, they will also impose specific terms that you must abide by, or risk serving the full sentence as a result of a probation violation. Common probation terms include:

• A specific number of community service hours
• Fines and penalties
• Restitution, which refers to reimbursing the losses experienced by the harmed party
• Mandatory counseling or educational programs, such as for charges involving alcohol or drugs, or domestic violence
• Reporting requirements with an assigned probation officer
• Requirements regarding good behavior that include staying on the right side of the law and avoiding those who engage in illegal activities
• Submission to random alcohol and drug testing

Parole

Parole applies when someone who is serving a prison sentence is released prior to completing it – in exchange for complying with the specific conditions set forth by the parole board. The judge in the case, however, generally determines when the defendant becomes eligible for parole in the first place.

Terms that Can Affect Parole

The kinds of factors that tend to determine parole eligibility include all the following:

• The terms of the sentence
• Acknowledgement of guilt as well as remorse for the suffering caused
• Behavior during imprisonment
• Employment opportunities
• Prior criminal history
• Relevant family circumstances
• Post-release living arrangements

An Experienced Nashville Criminal Defense Lawyer Can Help

Andrew Beasley at Andrew C. Beasley, PLLC, is a seasoned Nashville criminal defense attorney who is committed to fiercely advocating for the best possible resolution of your case, which may include probation or parole. Your future is too important to leave to chance, so please don’t wait to reach out by contacting us online or calling us at 615-846-9889 and learning more about what we can do to help you today.