Whether you are facing criminal charges yourself, helping a loved one, or simply curious about the legal system, the terms “bail” and “parole” appear often and can seem similar or interchangeable as they each involve securing release from custody. Both play crucial roles in the criminal justice process, yet they serve different purposes and arise at different stages of the legal process. Ultimately, bail and parole are two distinctly different concepts.
Bail: Temporary Release Before Trial
A key difference between bail and parole is that bail is offered before the trial, while parole is granted after an individual has already begun serving their sentence. Bail serves as a lifeline for individuals accused of a crime, providing temporary release from custody until their court date. The fundamental purpose of bail is to ensure the defendant’s presence at trial while allowing them to resume their daily activities during the pretrial period.
During a bail hearing, a judge determines the terms of bail, including the total bail amount that must be paid for the defendant’s release. In order to determine this amount, the judge considers factors such as the severity of the alleged crime, the defendant’s criminal history, and community safety concerns. Importantly, if the defendant or their family members cannot afford to pay the total bail amount, they may seek assistance from a local, reputable bail bondsman. Bail bonds serve as financial instruments provided by a bail bondsman, who acts as a surety, enabling individuals to secure their release from jail by paying a non-refundable fee, usually around 10% of the total bail amount. For example, if a defendant is granted a $10,000 bail, a bail bondsman may charge a $1,000 non-refundable fee. Once this non-refundable fee has been paid, it will allow the accused to be released from custody, provided they adhere to the terms of bail and attend all required court dates.
Parole: Supervised Release After Conviction
Parole is offered after an individual has already been convicted of a crime, serving as a form of supervised release from incarceration before the completion of the full sentence. The arrangement is generally determined by a parole board, which weighs the merits of granting early release and the severity of the original crime. The board then may or may not allow inmates in prison to reintegrate into society under community supervision. This highlights another difference between bail and parole: while most defendants have some right to bail as they are presumed innocent, the opportunity for parole is a privilege granted to eligible inmates.
Parole is typically granted based on the individual’s behavior during their prison term and their perceived readiness to responsibly re-enter society. A parole officer is assigned to supervise the individual during their parole period, ensuring compliance with the terms of parole, which may include restrictions on travel, mandatory drug testing, and regular check-ins.
Learning How to Navigate Bail and Parole
Understanding the difference between bail and parole is fundamental for individuals navigating the criminal justice system. Bail provides a pretrial release opportunity, ensuring the accused’s presence at trial, while parole offers post-conviction supervision and an opportunity for inmates to reintegrate into society before their prison term is finished.
If you are facing a parole violation and have been given a total bail amount, use our bail bond for parole violation fee calculator to see what you can expect to pay a bail bondsman to secure your release from jail. Additionally, you can search our nationwide database of high-quality bail bond professionals to find a bail bondsman to post bond on your behalf today!