The difference between probation and parole

The difference between probation and parole is enormous, although some people use the terms interchangeably. (Journalists often have an unfortunate habit of falling into that category.)

While there’s more to it than this, the short version is: probation means the judge orders someone to report to some form of supervision immediately, and if they don’t follow a fairly lengthy set of rules and regulations they are subjected to going to jail or prison. Parole is a form of supervision granted to defendants, either after their full prison sentence is complete, or, as in Texas, in lieu of finishing their entire sentence.

Again, probation: supervision as the penalty itself; and parole: a period of supervised release after being incarcerated.

Three types of jails and prisons in Texas

There are three types or categories of jails and prisons in Texas: county jail, state jail and prison. Offenders convicted of Class B and Class A misdemeanors are sentenced to county jail, those convicted of State Jail Felonies are sentenced to state jail, and those convicted of Third Degree Felonies or higher are sentenced to prison.

Absent unusual circumstances (capital murder), the judge usually has the option of probating the sentence, placing the defendant on community supervision, and requiring the person to comply with the many conditions that probation entails. The penalty for violating the terms of probation, however, include serving up to the maximum sentence available for the offense.