Probation and parole are both alternatives to incarceration and while there are several similarities, very distinct differences exist. Both can result in spending less time in prison, but the legal procedures involved are different. In Arizona, these differences are even more distinct, because the state abolished parole more than 20 years ago. An experienced criminal defense lawyer in Arizona can guide you through the legal process of probation, parole, and release. The Lerner and Rowe Law Group can help answer all of your questions. Call us today for more information.
PROBATION
An alternative sentence designed to replace or shorten incarceration time.
Guilty of a crime that warrants prison time, your sentence includes the length of your incarceration. However, the judge may place you on probation, instead of sending you to prison. Alternatively, the judge may sentence you to a combination of short-term incarceration in a local jail followed by probation. Called a split sentence while you do spend some time in custody, it is usually considerably less time than it could have been. We can help you every step of the way.
Whether you receive probation without any jail time or as part of a split sentence, you must fulfill all the conditions of your probation to remain out of jail. These court-ordered conditions vary based on whether you receive unsupervised, supervised or intensive probation and could include:
- Reporting to a probation officer.
- Maintaining employment.
- Refraining from alcohol and/or drug use.
- Abiding by all Arizona laws.
- Completing mandated treatment and/or counseling programs.
- Other conditions based on your crime, criminal history and specific circumstances.
Fail to meet any of the terms of your probation; you could be found guilty of a probation violation. Violations could result in having to finish your prison sentence and you could have further charges brought against you, depending on the violation. The Adult Probation Services Division regulates Arizona’s probation programs and procedures.
Not all crimes are eligible for probation, especially those violent in nature or against children. An experienced criminal defense lawyer in Arizona always negotiates for probation as part of your plea bargain or argues for a reduction in charges to potentially make you eligible for probation.
PAROLE
A grant of conditional release from prison after serving all or most of your prison term.
If you are found guilty of a crime and sentenced to prison, you must serve a portion of your sentence before you are eligible for parole. You may be released on parole, here in Arizona community supervision; either by a parole board decision, called a discretionary parole, or according to provisions of Arizona statutes, called a mandatory parole.
Parolees undergo supervision by the Arizona Department of Corrections, and may receive active or inactive supervision. Active supervision requires you to regularly report to a parole officer, who explains the rules of parole and the conditions you must meet to avoid parole revocation. When you have more questions, don’t hesitate to ask an experienced lawyer today!
Conditions of your parole may be changed, added to, or deleted and could include:
- Staying in a halfway house.
- Maintaining employment.
- Continuing payments on fines, restitution, or other financial obligations.
- Performing community service.
- Participating in rehabilitation programs and/or counseling.
- Other conditions based on the specific nature of your crime.
Your parole officer monitors your progress while on parole. If you fail to comply with any of the conditions of your parole, your parole officer could file a report with the parole board. Based on this report, the parole board may order you to return to prison to finish your sentence. You could also face additional charges and time in prison depending on the severity of parole violation or if you broke any Arizona law. So, contact us today for more information.
CLEMENCY GRANTED RELEASE
Pardon or commuted sentence recommended to and approved by the Governor.
In Arizona, to be eligible for regular parole and be released under supervision, you must have been sentenced prior to January 1, 1994. If sentenced after this date, parole no longer exists. Arizona’s Truth in Sentencing bill effectively abolished parole for adult offenders. Under the new rules, after serving at least 85% of your sentence, you may petition for a clemency granted release. There are major differences between parole and release.
A clemency granted release requires you to petition to the Arizona Board of Executive Clemency, because you are not automatically granted a hearing. This usually requires a criminal defense lawyer in Arizona. However, if you received a “natural life” sentence, you can never petition for early release. You can petition if you received “life with a chance of release” after serving a set minimum of time; which is usually 25 years, or 35 years if your crime involved a child. While confusing, we can help you every step of the way.
If granted a hearing, the Board decides whether to send a recommendation to the Governor of Arizona to pardon or commute your sentence. The Governor is the only person who can actually grant your release.
However, the Governor cannot grant clemency without the Board’s recommendation. If either the Board or Governor denies your pardon or commutation of sentence, you typically must wait at least three years to re-apply. So, if you have any questions, contact a criminal defense lawyer today.
Hire a Top Criminal Defense Lawyer in Arizona.
When you need help, Lerner and Rowe Law Group knows how to help. If criminal charges have you facing prison time, an experienced criminal defense lawyer in Arizona from Lerner & Rowe Law Group will fight for your right to alternative sentencing. We are available to take your call 24/7 at 602-667-7777. You can visit our office Monday through Friday, from 8:00 a.m. to 5:00 p.m.
Reach out through our online LiveChat. Lerner and Rowe Law Group offers a free initial consultation. We offer affordable payment plans to ensure you are able to get the legal representation you deserve. We look forward to hearing from you, so don’t wait! One call, that’s all.