About the author: Josh E. Lopez
Attorney at The Shotwell Law Group PLLC
It is alarming when you are charged with violating the terms of your probation or parole. You may have questions about the differences between parole vs probation in North Carolina. If you have a probation officer or a parole officer, then you may have received important records regarding an alleged violation. It is beneficial to review any documents you receive from the state with a knowledgeable probation lawyer in North Carolina.
Issues such as probation revocation can affect every aspect of your daily life. Also, electronic monitoring, substance abuse treatment, restitution payments, and community service hours are often related to probation. Those who have questions regarding parole often need to educate themselves about the Post-Release Supervision & Parole Commission in North Carolina.
As of June 30, 2024, approximately 75,833 offenders were under the supervision of the Division of Community Supervision in North Carolina. 82 percent of these individuals were under probation supervision. In January of 2023, approximately 70,300 individuals were under community supervision in North Carolina.
The criminal justice system is complex, and public policy dictates that inmates should have the opportunity to undergo rehabilitation and learn from their mistakes. Probation allows a criminal defendant to serve a sentence without having to reside in a correctional facility. These defendants serve their sentences in the communities in which they live, but the state supervises and restricts their behavior.
Parole occurs after a defendant has served a portion of their sentence in a county, state, or federal penal institution. Many parolees have exhibited productive and healthy behaviors during their periods of incarceration. Individuals who are granted parole must meet with a parole officer on a consistent schedule and follow specific rules regarding domestic travel, substance abuse, and employment. The Post-Release Supervision and Parole Commission is an independent agency that releases offenders in North Carolina.
The nature of the crime is the most significant factor determining whether a criminal defendant will be granted probation. The individual defendant’s criminal history and the pre-sentence investigation report are two critical factors that courts weigh when deciding whether a defendant should serve a term of imprisonment or be granted probation.
Parole eligibility depends on the severity of the crime the defendant committed and the percentage of their prison sentence they have served. How the inmate behaves while incarcerated is also a factor the commission reviews when deciding whether to grant parole. Individuals who seek parole may present details regarding how they will structure their lives through community involvement, family integration, and stable employment.
If you have any legal issues regarding probation or the consequences associated with a probation violation, then you may need to hire a probation lawyer. Working with a probation lawyer can help you determine the options available to you for defending your legal rights. You may have questions about restrictions on your liberty that may be imposed if you are convicted of violating the terms of your probation or parole.
A criminal defense attorney can assess the facts of your case and review records such as police reports, arrest warrants, and charging documents. A knowledgeable legal advocate can inform you of the legal options available to you while ensuring that you develop an effective defensive strategy. You can take proactive steps to protect your liberty by obtaining legal representation.
At The Shotwell Law Group PLLC, our team has the knowledge and experience to meet the unique needs of your case. With our help, we can help you or your family member meet the qualifications for parole to earn probation, which means a release from custody and a return to family.
Parole is more serious than probation because it is associated with more restrictive conditions and a higher rate of incarceration for violations. Probation typically features less invasive supervisory elements. Parolees must often adhere to limitations associated with employment, domestic travel, and curfews. Also, probation is often ordered for those defendants who commit less serious criminal offenses.
The difference between probation and parole in North Carolina is that probation is ordered in lieu of a term of incarceration, while parole is granted after an inmate serves a portion of their prison term. The Parole Commission oversees parole; a judge oversees the conditions of probation. Probation violations and parole violations may result in an individual being ordered to serve a period of incarceration.
The three levels of probation in North Carolina are supervised probation, unsupervised probation, and drug offender probation. Probationers serving a term of supervised probation must attend regular meetings with a probation officer. Probationers serving a term of unsupervised probation do not meet with a probation officer, but they must follow the terms of a court order. Drug offender probation is supervised but also features drug or alcohol testing, as well as limitations regarding medications.
North Carolina law does not feature three distinct types of parole. However, in the United States criminal justice system, the following three types of parole are common: discretionary parole, mandatory parole, and conditional release. Discretionary parole occurs when a parole board assesses an inmate’s record of incarceration to determine if they can be granted parole.
Mandatory parole requires that a prisoner be paroled after serving a percentage of their sentence. Conditional release focuses on reintegration into society through supervision.
Parole violations and probation violations can lead to serious consequences. A knowledgeable criminal defense lawyer can provide you with the support you need if you are facing legal issues related to your parole or probation. Our team has years of experience representing clients in criminal cases throughout North Carolina.
If you are seeking legal representation regarding matters related to parole or probation, then contact us today to schedule a free consultation. The Shotwell Law Group PLLC will work with you to review the facts of your case while determining potential legal defenses that may apply to your case. Our attorneys can also answer questions you have about what you can do to protect your legal rights.