What’s the Difference Between Probation and Parole in Pennsylvania?

If you're facing sentencing or dealing with a supervision violation in Philadelphia or anywhere in Pennsylvania, it’s essential to understand how probation and parole work—and how a criminal defense attorney can protect your rights.

What Is Probation?

Probation is a sentence imposed instead of jail time or in combination with a reduced jail sentence. The judge allows the person to remain in the community under strict court-ordered conditions.

Types of probation in Pennsylvania include:

• Straight probation (no jail time)

• Intermediate punishment (includes treatment or house arrest)

• Probation following incarceration (as part of the full sentence)

While on probation, you must regularly report to a probation officer and comply with conditions such as:

• Obeying all laws

• Avoiding drugs and alcohol

• Attending treatment or counseling

• Paying fines and restitution

• Staying away from victims or co-defendants

Violating any condition can result in a probation violation hearing—and possibly being sent to jail.

What Is Parole?

Parole occurs after you've already served part of your sentence in prison or jail. It’s a form of early release granted by the Pennsylvania Board of Probation and Parole (for state sentences) or by a judge (for county jail sentences under 2 years).

Parole allows you to finish your sentence in the community under supervision. You must agree to similar conditions as probation and continue to follow rules like:

• Checking in with your parole officer

• Holding a job or attending school

• Submitting to drug tests

• Avoiding weapons and illegal activity

A parole violation can result in you being sent back to prison to serve the rest of your sentence.

Key Differences Between Probation and Parole

FeatureProbationParoleWhen It BeginsInstead of jail or after short jailAfter serving part of a jail/prison sentenceWho Grants ItJudge at sentencingJudge (county) or Parole Board (state)Is Jail Required?Not alwaysAlways (must serve time first)Supervision OfficerProbation OfficerParole OfficerViolation ConsequencesResentencing or jailReturn to prison

What Happens If You Violate Probation or Parole?

Both probation and parole come with strict rules, and any violation—technical or new criminal charges—can lead to serious consequences.

Your probation or parole officer may:

• File a detainer to hold you in jail

• Request a violation hearing

• Recommend new or increased conditions

• Ask the judge or board to revoke your supervision

You are entitled to a violation hearing, where a defense attorney can:

✅ Cross-examine witnesses
✅ Argue against revocation
✅ Push for alternatives to jail (e.g., treatment instead of punishment)

Can You End Probation or Parole Early?

Yes, in some cases. If you've complied with all terms and completed a large portion of your sentence, your attorney can file a motion for early termination. Judges and parole boards may consider:

• Time already served

• Your behavior while under supervision

• Completion of counseling or classes

• Lack of new criminal conduct

This can help you move on with your life without the restrictions of supervision.

How a Criminal Defense Attorney Can Help

An experienced defense lawyer can assist with:

✅ Negotiating probation or parole as part of your sentence
✅ Avoiding jail through supervision alternatives
✅ Handling violation hearings and detainers
✅ Modifying or ending supervision early
✅ Clearing misunderstandings with officers or the court

Whether you’re entering probation/parole or facing a violation, early legal help is the best way to protect your freedom.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you're facing charges, sentencing, or a probation/parole violation in Pennsylvania, you don’t have to navigate the system alone. With over 30 years of experience in Philadelphia courts, Mark D. Hauser is ready to fight for the best outcome—both in and out of custody.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.