Parole and Probation Attorneys

A conviction is not the end of a criminal process. A person who has received a guilty verdict or submitted a no-contest guilty plea must still undergo sentencing, which determines when and if the convicted person will be eligible for parole and probation. At the Law Offices of Melvin S. Nash, we have the experience to can guide you through these post-conviction proceedings so that you achieve the fairest possible result.

Parole and probation are typically mentioned as a pair, but they are separate privileges. What is the difference between the two, and what does each entail?

What is parole?

Parole is early release from a prison term, but with conditional freedoms. When a convicted person receives a sentence, they may also be afforded a parole eligibility period, depending on the crime committed and its severity. According to Georgia’s State Board of Pardons and Paroles, some crimes are so severe that parole is not an option:

• Aggravated child molestation
• Aggravated sexual assault
• Aggravated sodomy
• Rape
• Armed robbery
• Kidnapping
• A fourth felony conviction
• A conviction with a life sentence

A prisoner’s behavior, work, participation in treatment programs, and educational advancement while incarcerated may accelerate or delay their consideration for parole. The parole board considers the severity of the crime as well as the risk the person will reoffend, assessed by their criminal history and social conduct. The parole board then decides to offer parole or withhold it until a specified month in the future and notifies the inmate of its decision.

Parole conditions can dictate where a person lives, works, and obtains any drug or alcohol treatment after serving a prison sentence. Parolees must have completed a work release program and arranged a housing plan prior to release, and they must check in with their assigned parole officers at regular intervals. Other conditions of parole can include continuation of an education program, submission to drug tests and property searches, and prohibition from using drugs and alcohol, owning firearms, and corresponding with inmates.

What is probation?

Probation is an alternative to jail or prison, specifying a period of time for someone convicted of a crime to prove that they will obey the law and should not be incarcerated. Low-risk offenders convicted of drug crimes or other minor offenses may be eligible for probation through Georgia’s Department of Community Supervision.

Parole and probation violations

Essentially, both parole and probation are suspended terms of imprisonment. If you violate the terms of parole or probation, a warrant may be issued and your probation or parole temporarily revoked while the offense is reviewed. These violations can include the following:

• Using drugs
• Carrying unauthorized weapons
• Failing to pay fines
• Committing any crime
• Absconding from supervision
• Failing to report to supervising officer
• Crossing state lines if not permitted to do so

The parolee or probationer is notified of a hearing to determine if parole or probation should be revoked and given time to prepare a defense against revocation.

Terms of parole and probation are largely determined based on the ultimate sentence for the crime. Your criminal defense attorney makes sure you understand your rights so that you do not wind up in prison for a simple mistake or misunderstanding. If there is a violation, your lawyer can represent your interests in preliminary hearings and revocation hearings. Our law firm works toward the goal of keeping you out of jail by negotiating for community service, more aggressive treatment programs, alternative incarceration programs, or other options.

Contact a professional, responsive parole and probation attorney serving Marietta and metro Atlanta

As you enter post-conviction criminal proceedings, you need capable legal representation. For determined advocacy and honest, open communication through all phases of a criminal case, call the Law Offices of Melvin S. Nash at 770.422.0878 or contact our office online to schedule a consultation. We have six locations throughout metro Atlanta to serve your needs.