Parole vs Probation in Ohio: What Is the Difference?

Following a conviction for a criminal offense, or upon release after a period of incarceration, many individuals have questions regarding the differences between parole vs probation in Ohio. Generally, probation and parole are both forms of supervised release, but parole is typically related to those who are being released after a term of imprisonment. Probation may apply to those who will serve out their term as part of their sentence following a conviction. 

Sometimes, those who are convicted of a crime will be given credit for the time served. The attorneys at DiCaudo, Pitchford & Yoder have years of experience helping clients understand Ohio probation laws and parole laws. Differentiating between these two legal terms and their rules in the criminal justice system can help you have a better understanding of your legal rights. 

The Basic Characteristics of Parole in Ohio 

The primary parole authorities in the State of Ohio are the Adult Parole Authority and the Ohio Parole Board. Both entities obtain their legal validity under Ohio Revised Code § 5149.02. The Ohio Parole Board is the only entity able to grant parole to those incarcerated in Ohio. They may also alter parole requirements and release procedures. 

It is necessary to determine if an incarcerated individual is serving a sentence for a crime committed before or after July 1, 1996. The standard for release in Ohio is based on several factors, including the following:

• Whether or not the individual will engage in criminal behavior or adhere to the conditions of parole 
• Whether releasing the individual would create an undue risk to public safety 
• The inmate’s occupational strengths and overall employment history

All individuals who may undergo a parole review receive verified notice of the year and month of their parole eligibility. Also, offender conferences are scheduled before the inmate is scheduled to go before the Parole Board. 

The Fundamentals of Probation in Ohio 

Probation is known as Community Control under Ohio law. Essentially, probation is a form of supervised release that a convicted person serves instead of prison time. Probationers are allowed to serve out their sentence while living outside of a correctional institution, but they must meet mandatory requirements, which may include the following:

• Reporting to and coordinating with their probation officer
• Alcohol and drug testing, including urinalysis and breathalyzer tests 
• Individuals serving probation may not possess weapons, including firearms.

Probation allows individuals to spend time with their families and loved ones while still under state supervision. Individuals convicted of both misdemeanors and felonies can be considered for probation.

Important Statistics Regarding Parolees and Probationers

As of 2023, over 800,000 individuals are on parole in the United States, and approximately 2.9 million people are serving probation. In Ohio, 191,000 individuals are on active probation, while 22,000 are parolees. Understanding the scope of community supervision in Ohio can help those seeking parole or probation feel less isolated as they complete procedural benchmarks. 

How Making the Decision to Hire a Probation Lawyer Can Influence Your Case 

When you hire an Ohio probation lawyer, your case can benefit from their experience in countless ways. First, the presence of counsel can communicate to the relevant authorities that you are prepared and take your case seriously. A lawyer can advocate aggressively on your behalf and present a strong argument for why you should receive probation or the possibility of parole if you are convicted.

Also, the attorney-client privilege offers parolees and probationers the opportunity to share information in strict confidence. Many individuals find that having someone to confide in as they are going before the parole board can help them think objectively about their case. 

Why Choose DiCaudo, Pitchford & Yoder? 

The attorneys at DiCaudo, Pitchford & Yoder have been helping clients since 2003. The team has years of trial experience and a thorough understanding of the nuances related to criminal procedures in Ohio. Our history of securing not guilty verdicts and dismissals enables us to effectively serve our clients throughout the entirety of a criminal case, from the initial charge to post-conviction relief. 

FAQs 

What Is the Difference Between Probation and Parole in Ohio? 

The primary difference between probation and parole in Ohio is that probation is a form of community supervision that can be given in lieu of being incarcerated. Parole is a form of supervised conditional release that the state grants to a prisoner after serving a specific amount of time in prison. 

Which Is Better, Probation or Parole? 

Neither probation nor parole is better in general. Both forms of supervised release serve different purposes. Those convicted of less serious offenses may be offered probation in a plea deal to reduce overcrowding in local jails and prisons. It may be more difficult for those convicted of more serious offenses to be granted probation. Parole is strictly for inmates who have served a portion of their prison term. 

Can You Be Sentenced to Jail Time and Probation in Ohio? 

Yes, you can be sentenced to jail time and probation in Ohio. Judges can impose probation in addition to a short jail sentence or after being incarcerated, depending on the offense. Your lawyer can work to negotiate probation with the prosecution if it is a viable option in your case.

What Are the Public Policy Reasons for Probation? 

One public policy reason for probation is to allow citizens to remain in their communities and continue working and supporting their families. First-time offenders may experience extreme financial consequences if they are denied probation. Therefore, those deemed to be less of a risk to the public are allowed to continue working while local jails and prisons do not become too overcrowded. 

Contact Our Firm for Legal Issues Regarding Probation or Parole in Ohio

Dealing with the complexities of parole and probation in Ohio can be daunting. The numerous factors considered by the parole board and the uncertainties many clients feel regarding probation can create stress and anxiety. You and your family can benefit from legal representation. We can provide you with the skills and knowledge necessary to help you navigate issues regarding parole and probation in Ohio. Hiring a probation lawyer is one of the most beneficial decisions you can make to enforce your legal rights. Contact DiCaudo, Pitchford & Yoder today to schedule a consultation.