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Which is Better in Utah: Probation or Parole?

If you are facing criminal charges and trying to understand your potential penalties and sentences, it is important to understand how probation and parole can be applied to your case.  One question you may have is, “Which one is better?”

If you have not been convicted and sentenced yet, then probation is better.  If you have already been sentenced and will be going to jail, then probation isn’t an option anymore, and parole is better.  Overall, it is better to not be convicted in the first place or to be sentenced to a fine only, which is possible in some cases.

For help with your criminal case, contact the Salt Lake City criminal defense lawyers at Overson & Bugden at (801) 758-2287.

What is Probation vs. Parole?

Probation and parole are both types of supervised release, meaning you are not in jail while serving probation/parole, but you still have restrictions on your freedom.

Possible Sentences

When convicted of a crime, there are usually three possible sentences you can face:

  • Fines
  • Incarceration (i.e., time in jail/prison)
  • Probation

You can face fines alongside incarceration/probation, but incarceration and probation are usually mutually exclusive.  Note that parole is not one of these possible sentences.

Probation

Probation is used as supervised release instead of a term in lockup, allowing you to retain some freedoms.

When you are sentenced to a term of probation, it usually comes with a “suspended sentence” of a term of incarceration.  You remain on probation as long as you follow the terms, but if you violate them, you can be sent to jail to serve the time for the suspended sentence.

Parole

If you are sentenced to a term of incarceration, the judge will typically decide if there is a term you must serve in prison before you can be released early.  That early release is parole.

If you are sentenced to a term “without the possibility of parole,” then you are not going to be eligible and have to serve the whole sentence.  When you do become eligible for parole, the parole board, not the judge, decides whether you get it or not.

Which is the Best Outcome for a Criminal Case?

It might make the most sense to rank potential outcomes from best to worst, so you can understand exactly how probation and parole fit into the possible outcomes.  Our Park City, UT criminal defense lawyers always aim for the best outcomes with the least interference with your life and freedom.

Acquittal

If you are acquitted, it means that you are not guilty and cannot be retried by the state for the same crime.  This is the full end of the case and involves no punishments, so it is the best outcome.

Dropped Charges

If the police and prosecution drop the charges, they are unlikely to want to try to file again.  This might be because of a plea agreement, where you performed community service and attended classes, or because they simply do not have the evidence to charge you.

Dismissed Charges

If the prosecution doesn’t drop the charges, the judge may dismiss them.  This is not as strong an outcome because the prosecution can often investigate and look for additional evidence, then re-charge you.

Fine Only

If you are going to be convicted and sentenced, then a fine only is the least intrusive penalty.

Probation

If you are going to be convicted and sentenced, it is at least better not to have to go to jail.  A probation sentence is still a major intrusion on your life and freedom, but keeping your nose clean and avoiding violations can mean retaining most of your freedoms.

Short Jail Term

Some charges, like drunk driving, have a nearly mandatory jail sentence, but it is very short.  Parole is typically only involved in long-term incarceration, so a short jail term where parole would be unnecessary is better.

For example, DUIs often come with 48 hours in jail, which is nowhere near long enough for parole to be an option.

Parole

If avoiding prison is impossible, then it is better to be sentenced with the possibility of parole.  This can potentially take months or even years off of your incarceration if you can get released early on parole.

No Parole

The second worst outcome would be going to jail with no parole.  This means that you must serve the whole term of incarceration and cannot be released early, even for good behavior.

Death Penalty

Obviously, the worst outcome would be being sentenced to death, but this is only used for serious murder cases in Utah.

Is There a Difference in How You Are Treated on Probation vs. Parole?

The terms of probation and parole are really similar.  There usually isn’t much of a functional difference, but there are different penalties if you violate the terms of your release:

  • If you violate probation, you may go to jail for the first time, and the total term of incarceration might be longer than your parole would have been.
  • If you violate parole, you may go back to jail, but you will not remain there longer than your initial sentence dictated.

Otherwise, the actual conditions of life on probation/parole are more or less the same.

FAQs for Probation and Parole in Utah Criminal Cases

Is Probation or Parole Better?

Neither.  It is better to win your case and avoid penalties entirely.

If you had to pick, probation is better.  Being on probation means you did not have to go to jail.

Is There a Difference Between Parole Officers and Probation Officers?

Not usually.  They are often the same officers.  The term “PO” is often used to refer to probation/parole officers interchangeably.

Officers assigned to parole cases might have additional training or experience, since the defendants in those cases are usually convicted of more serious crimes to have had a prison sentence.

Is Probation Always Available?

No.  Some crimes have a mandatory period of incarceration, so judges cannot sentence you to probation.

Is Parole Always Available?

No.  Sometimes the statute puts a mandatory period of incarceration on your case.  If your sentence matches that minimum requirement, there is no time for parole.

Other times, you are sentenced without the possibility of parole for more serious offenses.

Call Our Criminal Defense Lawyers in Utah Today

For your free case evaluation, call the Murray, UT criminal defense lawyers at Overson & Bugden at (801) 758-2287 today.