Timing, purpose, and implementation comprise a three-factor approach, where differences between parole and probation remain well differentiated under Colorado’s criminal justice system. McAdams Law Office focuses on Criminal Defense; the following describes the definition of each term and how this affects the Greeley, Colorado Charge. Both are alternatives to jail, but parole comes after someone has served part of a prison sentence, while probation is possible at sentencing for low-risk individuals.
Probation is an alternative sentence in lieu of serving time in prison that permits the individual to stay in the community under certain rules. It’s usually dispensed as part of a sentence, often when those judged to be at a lower risk for reoffense are given alternatives to jail time.
For instance, a first-time offender convicted of a non-violent crime might be given probation instead of incarceration. This enables the person to keep working and supporting their family, out there functioning with the requirements of the court, whether the court requires the person to check in regularly with a probation officer, go to counseling, or perform community service work. Probation strikes a better balance between holding someone accountable for their actions while also rehabilitating them to re-integrate back into society without the stigma or disruption of imprisonment.
Probation is a punishment given to people as part of a sentence after courts consider a range of factors, including the severity of the offense, the defendant’s past criminal record, and any mitigating factors like cooperation with authorities or evidence of remorse. Although there are some exceptions, probation is generally available to those who pose an extremely low risk to public safety, or those who will be better rehabilitated within their community.
Factor in that there is a court assessment of whether an individual is suitable for probation, then the terms of probation and how that differs with the crime. As the Fines and Fees Justice Center noted in a 2022 report, probation often comes with fees for supervision and for required programs. The costs can put financial stress on individuals, which in some instances makes it harder for them to comply with other conditions.
Probation in Colorado may be categorized as:
Other common conditions of probation include counseling, keeping employment, staying away from certain individuals and not committing further crimes. If violated, they become revoked and incarcerated. Accordingly, the National Police Association says the effectiveness of probation works on effective enforcement to provide resources for rehabilitation.
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Parole is the conditional release of a criminal from prison before his sentence is served. It is a method of reintegrating individuals into society while still providing oversight to ensure public safety.
In Colorado, the decision for parole is solely the decision of the Colorado State Board of Parole, where behavior while incarcerated, including participation in rehabilitation programs, and the nature of the offense are considerations. Community corrections programs generally prepare one for parole, according to the Colorado Virtual Library.
Parolees are supervised by parole officers who impose conditions of parole, like those imposed in probation, such as curfews, employment, and substance abuse testing. Any violations may result in being cited for a parole violation and returned to custody.
The timing and administration distinguish the two forms of early release:
Probation and parole share some similar conditions to help with public safety and reintegratmcion. Even though they both share similar purposes, they are different in key areas that define what they do in Colorado’s system.
McAdams Law Office provides professional legal assistance for probation and parole issues in Greeley, Colorado. Our lawyers protect your rights and work for the best possible results. Please contact our office at (970) 353-0000 or online for a consultation today.
| DUI/DWAI Victories | Criminal Defense Wins |
|---|---|
People v. S.M.Two DUIs downgraded to DWAI, |
People v. M.J.Assault and child abuse charges |
People v. S.D.DUI dismissed, pled to |
People v. S.C.Theft charge dropped, |
People v. B.S.Breath test challenged, |
People v. A.E.Drug charges dismissed, |
People v. E.B.No jail, favorable plea despite |
People v. J.K.Burglary plea reduced, |
People v. R.G.One DWAI dismissed, another reduced with minimal work release. |
People v. C.R.Traffic offense reduced, |
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.