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Last Modified on Nov 05, 2025
If you get into trouble with the law in Long Island, there are many potential consequences you could face. They include probation and parole, two common yet often confused sentences. If you’re wondering what the difference is between parole vs probation in Long Island, you’re not the only one. The subject is confusing, but important to understand.
What Is Probation?
Probation is a sentence that a judge can impose in lieu of jail time. It typically comes with the condition that the person on probation adheres to a set of court-ordered rules. In some cases, a brief incarceration is one of the conditions of probation, but in most cases, probation replaces incarceration as a punishment.
First-time offenders who commit misdemeanor crimes often receive probation instead of jail time, as do people convicted of crimes with short jail sentences of 12 months or less. The terms of probation can vary. The most common of them include:
- Finding and maintaining employment or enrollment in a school or vocational program
- Meeting routinely with an assigned probation officer
- Submitting to searches and routine or random drug tests without warrants
- Performing community service
- Paying fines, fees, and sometimes restitution to victims
- Avoiding other criminals
- Remaining in a specific area unless granted permission to leave
If the crime was drug or alcohol related, the person on probation may also be required to complete a drug or alcohol treatment program. A lawyer who handles Long Island drug crime cases can advise on probation terms related to substance offenses. If it was related to domestic violence, counseling or domestic violence education may be mandated as part of the terms of probation.
What Is Parole?
Unlike probation, parole does not replace incarceration. People on parole have already served part of their sentences at local prisons such as the Queensborough Correctional Center. They are then released early on the condition that they serve the remainder of their sentences in their communities. Some state prisoners, including those serving determinate sentences for specific periods of time, can be released on parole after serving 6/7ths of their term.
People serving indeterminate sentences must obtain approval from the New York State Board of Parole. The prisoner must appear at a parole hearing and, if released, agree to supervision by an assigned parole officer. Parole can be denied to anyone deemed dangerous to the public by the parole board. If granted parole, the conditions of release can include:
- Maintaining housing and employment
- Avoiding known criminals and criminal activity
- Refraining from drugs and alcohol
- Submitting to random drug tests
- Undergoing unannounced visits from the parole officer
- Not possessing firearms
- Not leaving the area without permission
- Obeying a curfew
If the person was in prison for a drug or alcohol related offense, they may also be court-mandated to complete a drug or alcohol treatment program or to attend recovery meetings.
Probation vs Parole by the Numbers
There are around 68,000 people in New York on probation, vs only around 38,000 on parole. Put together, probationers and parolees account for more than half the people currently in New York’s criminal legal system. Despite the number of people currently on parole, New York’s parole release rate is actually on the decline. In 2018, 42% of parole applicants were granted release. In 2023, that number fell to just 37%.
Who Gets Probation vs. Parole?
People who are sentenced to probation tend to be first-time offenders and those convicted of misdemeanor crimes. It’s rare for serious offenses to be punished with probation. Even if the crimes committed weren’t as serious as some, those on probation should take the terms of it seriously. If you have any questions about how it works, contact a Long Island probation attorney.
The people granted parole are usually prisoners who have committed felonies and are deemed sufficiently rehabilitated to return to their communities. Prisoners are only granted parole after serving a certain amount of their sentences.
FAQs
What Is the Difference Between Probation and Parole in New York?
The primary difference between probation and parole in New York is that while probation is a sentence served out in the community instead of in jail, parole is a condition of release from prison after someone serves some of their sentence. Probation is typically reserved for less serious offenses, whereas parole is often applied to those who have committed and been incarcerated for felonies.
Is Parole More Serious Than Probation?
Parole is often considered more serious than probation because it is usually applied to situations in which people have committed felonies. While probation is a court-ordered alternative to prison, typically reserved for less serious crimes, parole is an early release from prison. Parole supervision tends to be more intensive because there is a higher risk of recidivism associated with people who have served prison time.
What Are the Three Types of Parole?
The three types of parole are discretionary, mandatory, and rehabilitative. Discretionary parole is granted at the discretion of a parole board. Mandatory parole involves the automatic release of a prisoner after they have served a certain percentage of their sentence. Rehabilitative parole is focused on programs that help former prisoners reintegrate into society after their release.
How Long Is an Inmate on Parole?
How long an inmate is on parole varies. It usually lasts until the end of the person’s original prison sentence, which is influenced by factors such as the crime committed and the local laws governing sentencing. Some jurisdictions have fixed parole terms, but in Long Island, parole terms are based on the prisoner’s original sentence length.
Hire a Probation Lawyer
Now that you understand the difference between parole vs probation in Long Island, it’s time for you to hire a probation lawyer. The Law Office of Jonathan Savella has been in practice for well over ten years. He is intimately familiar with both parole laws and probation laws, and our team can leverage that knowledge to help you navigate your probation successfully. Contact us to schedule an initial consultation today.
