How Long Can You Go to Jail for Violating Probation or Parole?

Probation and parole have two different meanings. Probation is court supervision as an alternative to serving your jail sentence. Parole is supervised release after serving the sentence. Both require you to follow specific conditions and check in with the court for the remaining parole or probation period.

Each state sets its own probation and parole terms. You should consult a probation violation lawyer where you live for legal advice about your case.

What Is the Difference Between Probation and Parole?

Probation refers to a portion of a defendant’s potential jail or prison sentence. Generally, probation is a way to avoid jail time. Under probation, you stay under the direct supervision of the court and your probation officer (PO). A violation of probation could mean having probation taken away and going to jail.

Parole typically involves the release of an offender from prison after they’ve served some of their sentence. After early release, parolees are typically subject to reporting to a parole officer. Violating parole can mean getting sent back to prison to serve the remaining prison time.

How Long Can You Go to Jail for Violating Probation or Parole?

Probation and parole violations come in two primary forms: substantive and technical. Substantive violations involve breaking the law while still under a parole or probation period. Technical violations involve a breach of terms like missing your PO appointment. Substantive violations are usually considered more serious.

Sometimes, jail time for violating parole or probation depends on your original criminal sentence. However, you can face additional sentencing if you commit additional criminal offenses.

What Are the Terms of Probation or Parole?

The terms of probation or parole can depend on the original offense, your situation, and state law. Common terms of your probation may include:

• Community service
• Drug testing
• Attending any court dates
• Domestic violence counseling
• Following no-contact or restraining orders
• Curfew

What Happens if You Violate Probation or Parole?

The penalties for breaking parole or probation depend on several factors, including the seriousness of the violation and state laws. For example, in Texas, parole is community supervision. If you violate parole, a community supervision officer can order a so-called blue warrant for your arrest.

For a first-time technical violation, you may get a warning or negotiate a return to the terms of your parole. With substantive offenses, you must first clear yourself of any new charges. If you face new criminal charges, you should talk to a criminal defense attorney.

If found guilty of a substantive offense while on parole, the court can revoke parole and return you to jail. Your time spent in community supervision may not count against the initial time served.

Texas applies a similar standard to people on a misdemeanor or felony probation order. Revocation is common for willful or repeated violations of probation.

Convictions based on new crimes committed on probation or parole will be applied separately. Committing a crime while on probation or parole is usually an aggravating factor that can increase your sentence.

Can You Violate Probation or Parole and Not Go to Jail?

Yes. You can avoid incarceration if you demonstrate good behavior and follow the conditions of your probation. This includes cooperation with the court, good behavior in jail, and a first administrative infraction.

Your PO may choose to meet with you to determine the reason for your infraction. You may be able to continue with your parole or probation period without further probation violation hearings.

Can You Dismiss a Probation or Parole Violation?

Yes, mainly when a substantive violation was dismissed, or you were acquitted of a new crime. For a new criminal conviction, dismissal is much less likely.

Probation and parole can also end by meeting the conditions set out by the court. These could include paying off court fees, attending DUI school, or completing a recovery program.

What Happens if You Violate Probation or Parole More Than Once?

The more violations, the more likely you will get a probation revocation. Violating probation more than once will increase the chance of having your probation or parole revoked. If you are worried about a probation revocation and don’t want to return to jail, talk to a probation violation attorney.