Probation and parole both involve supervision instead of incarceration, but they happen at different points of a criminal case and serve different purposes. Probation is generally part of a sentence, while parole typically allows someone to serve part of their sentence in the community after being released from prison.
Both come with conditions that must be followed. Violations can result in serious consequences, including incarceration.
What Is Probation in Kentucky?
Probation is a sentencing alternative that allows an eligible defendant to be out of jail under court-ordered supervision. Probation generally allows an eligible defendant to remain in the community under court-ordered supervision instead of serving a sentence of imprisonment.
Whether probation is available depends on several factors, including the offense involved, the defendant’s criminal history, the sentencing rules that apply to the case, the risk the person poses to the community, and anything else the sentencing court considers relevant.
What Is Parole in Kentucky?
Parole is supervised release after a person has already served part of a jail or prison sentence. Parole does not erase or shorten the underlying sentence, but it allows the person to serve the rest of their sentence in the community.
Whether and when someone becomes eligible for parole depends on the offense, the length of the sentence, and the Kentucky laws that apply to their case.
What Conditions Can Apply to Probation or Parole?
Both probation and parole come with conditions, and the person under supervision has to follow all of them to stay in the community.
Common conditions include:
- Reporting regularly to a supervision officer
- Following all laws
- Completing drug or alcohol treatment
- Submitting to drug and alcohol testing
- Maintaining employment or attending school
- Staying within approved geographic areas
- Following curfews
- Avoiding certain people or places
- Paying restitution or other court-ordered amounts
- Complying with any special conditions imposed in the individual case
Conditions are not the same for everyone. What applies in one case won’t necessarily apply in another. Conditions depend on the offense, the person’s history, and what the court or Parole Board decides is appropriate. Certain situations will lead to harsher conditions than others.
What Happens if You Violate Probation in Kentucky?
If you violate probation in Kentucky, you can face serious consequences, usually depending on what the violation is.
Some of the common ways a person violates probation include being arrested for a new crime, missing meetings with a probation officer, failing a drug test, failing to complete required treatment programs or community service, and violating a no-contact order. An allegation that you violated probation doesn’t automatically mean you will face consequences; you can defend yourself to the judge with the help of your attorney.
If you are found to have violated probation by the court, the following things could happen:
Continued Probation
The judge may decide to let your probation continue as it was, especially if the violation was minor. This is basically a warning, but if you violate probation again, even in a minor way, you’re likely to face more consequences.
Modified Conditions
The judge may decide to keep you on probation and allow you to stay in the community but change some of the conditions you have to follow, either adding some or usually making them stricter. This could mean more frequent check-ins or earlier curfews.
Additional Treatment or Monitoring
If the violation involved drugs, alcohol, or a missed program, the judge may again order you to go to treatment or counseling. In other cases, they may put an electronic monitor on you.
Short Periods of Incarceration
In some cases, the court imposes a brief jail stay as a punishment while keeping the probation itself active. This is more serious than additional modifications or just continuing probation, but once you get out, you still serve that same probation sentence.
Full Revocation
The most serious outcome is revocation. If the court revokes your probation, it can order you to serve part or all of the underlying sentence in jail or prison.
No matter what the situation is, you have the right to have a lawyer with you during your hearing.
What Happens if You Violate Parole in Kentucky?
Parole violations can involve failure to comply with supervision requirements or, in some circumstances, new criminal conduct.
Examples include:
- Missing supervision appointments
- Failing drug testing
- Leaving an approved area
- Violating other release conditions
- Committing a new offense
A violation can trigger revocation proceedings, and the person may have a right to notice and a hearing before any decision is made. The outcome will depend on the underlying case, the person’s criminal history, and the nature of the violation.
If the violation isn’t considered to be that serious, parole may continue with the same or stricter conditions. In more serious cases, parole can be revoked, and the person may be returned to custody to serve the remainder of the original sentence, along with facing a separate prosecution if the violation involved a new offense.
Schedule a Free Consultation With a Lexington Criminal Defense Lawyer at Suhre & Associates DUI and Criminal Defense Lawyers
Whether you’re hoping to receive probation at sentencing, facing a violation hearing, or preparing for a parole board appearance, the outcome is important and the stakes can be high. When you’re in this position, working with a defense lawyer is the best way to protect yourself.
Contact Suhre & Associates DUI and Criminal Defense Lawyers today at (859) 569-4014 to schedule a free consultation with a Lexington criminal defense lawyer.