California Criminal Defense Blog

Even though the terms probation and parole are frequently used interchangeably, they are actually quite different. Take, for example, yesterday’s reports about rapper DMX. About half of the media websites reported that the rapper violated his probation, while the other half reported that he violated his parole. DMX actually violated his probation.

The main difference between probation and parole is that California parole laws apply exclusively to convicted felons and only go into effect once the inmate is released from the California state prison. As a “parolee”, the individual agrees to abide by certain terms and conditions, which are monitored by a parole agent.

Probation is also a supervised program, but (1) it applies to both misdemeanors and felonies, and (2) is imposed as a condition of sentencing. If the judge places you on probation, it means that you also agree to abide by certain terms and conditions, but you do so in exchange for either a lesser jail sentence or for no jail time at all. Probation can be formal or informal, depending on whether you were convicted of a misdemeanor or a felony.

If placed on formal probation, you report to a probation officer. If placed on informal or “summary” probation, you simply check in with the court for periodic progress reports.
Violating any of the terms of your probation or parole subjects you to further incarceration under California’s parole laws or California’s probation laws.

In law, we frequently refer to the “burden of proof”. This legal term refers to how much proof the prosecutor or plaintiff needs before he/she can obtain a ruling against the defendant. Two of the most common “burdens” are “preponderance of the evidence” and “beyond a reasonable doubt”.

Preponderance of the evidence is most frequently used in civil cases, although it is also used in criminal proceedings as well. It means “more likely than not”. Put another way, if it is 51% likely that the defendant committed the alleged act, he is liable. With respect to criminal proceedings, this burden in sometimes used during hearings, such as a California probation violation hearing.

The reason that a civil burden is used in criminal hearings is because these proceedings don’t afford criminal defendants as much protection as criminal trials do. Using the example above, this means that the prosecutor must only prove that it is more likely than not that a defendant violated his probation in order to find him guilty during a California probation violation hearing.

Beyond a reasonable doubt is the typical criminal burden of proof…and a bit trickier to define. It basically means that if there is no reasonable explanation other than the fact that the defendant committed the alleged act, then he must be guilty. This is the burden that is exclusively used during criminal trials, as it is California’s highest burden of proof.