How does Probation work in Missouri? In Missouri, there are two different types of probation: Suspended Imposition of Sentence (SIS) and Suspended Execution of Sentence (SES). While there are some key differences between the two, both allow an accused individual to avoid going to prison, and instead stay in the community while adhering to special rules/constraints. Violating these rules/constraints can have serious consequences, though, including the original sentence of incarceration.
We’ll go over some of the finer details and how it works specifically in Missouri below, but if you are hoping to receive probation and avoid jail time, or are concerned that you may have violated your probation and aren’t sure what to do, call one of our experienced Missouri Probation Lawyers today – acting fast will give you the best chance to avoid prison time. Contact our St. Louis probation violation lawyer online or call us at (314) 900-HELP for a free, confidential consultation. Combs Waterkotte is on your side, night and day.
Details on What Probation is Like in Missouri
One common misconception is regarding the difference between probation and parole: A lot of people conflate the two, and it’s understandable – both are related to court sentences, and are often handled by the same government offices. Both allow an individual to avoid jail time. However, there are two major differences: Who decides it, and when it’s decided.
Probation is decided by a judge, and happens at the time of sentencing. Parole, meanwhile, is decided upon by a parole board, and occurs while an alleged offender is serving a prison or jail sentence. It can have some of the same restrictions as probation, but is a different outcome.
In Missouri, as mentioned above, Suspended Imposition of Sentence (SIS) and Suspended Execution of Sentence (SES) are the two types of probation. SIS occurs when a judge does not set any sentence for the alleged crime (but can still impose a sentence later if probation is revoked). This is important because it gives someone the opportunity to avoid having a conviction on their record, keeping them off of things like employment applications.
SES occurs when the judge does set a specific sentence that will be imposed if someone violates their probation. The other key difference is that in addition to a sentence being set, this will show up as a conviction on the alleged offender’s record.
While both are good outcomes, an SIS is sometimes preferable to an SES because of the record implications. An experienced Missouri criminal defense attorney like Combs Waterkotte will zealously fight for the best possible probation outcome for your case, whether it is an SIS or an SES. With our skill, experience, and effort, we have a proven track record of delivering positive results for our clients.
Who Can Get Probation in Missouri?
Any alleged offender is eligible for probation in Missouri, but legally speaking, two main conditions must be met:
- Imprisonment is not necessary to protect the public
- The defendant would benefit from some form of help, which can be delivered through probation.
Additionally, there are some factors that increase the chances of probation over a prison sentence:
- First time offenders are more likely to receive probation
- Likewise, less serious offenses are more likely to result in probation.
- It’s common for probation to be a part of a plea agreement.
It also helps to have an effective Missouri criminal defense lawyer in your corner, to highlight why you are deserving of probation over a prison sentence.
Is Probation in Missouri a “Win?”
It depends on your point of view, but generally, yes. It allows you to avoid jail time, and, as discussed earlier, can even prevent a conviction from appearing on your record in some cases. While having charges dropped entirely or dismissed is the ideal outcome, that’s not always an option, and probation has many of the same benefits. As we mentioned above, probation is commonly a win in a plea deal, as it reduces the sentence and removes the possibility of incarceration, unless probation is revoked. In any case, an expert criminal defense lawyer can protect your freedom and fight to get the best possible outcome in your case.
What is Probation Like in Missouri?
If given probation, either SIS or SES, you will have to follow 11 specific rules outlined by Missouri probation law and the court:
- Laws: Obey all federal and state laws.
- Travel: Obtain advance permission before traveling, especially leaving the state.
- Residency: Receive permission from your probation officer before moving.
- Employment: Maintain employment, unless you are in a specific program as approved by your probation officer
- Association: Do not associate with anyone convicted of a felony or misdemeanor, without prior permission from your probation officer.
- Drugs: Do not possess or use any controlled substances unless prescribed to you by a licensed medical professional
- Weapons: Do not own or possess any weapons.
- Reporting/Directives: Report as ordered to your probation officer.
- Supervision Strategy: Participate in any program/supervision strategy set by the Court or your probation officer.
- Intervention Fees: Pay a monthly fee set by the Missouri Department of Corrections.
- Special Conditions: The Court may place special restrictions on top of the 10 above.
Missouri Probation Violations: What to be Aware of
Breaking any of the rules listed above would be considered a violation of probation. These are not uncommon; probation and parole violations make up a large portion of Missouri prison admissions. It’s possible to unknowingly associate with someone convicted of a crime, or have an emergency that necessitates travel before asking permission.
For example, you could start a new job during your probation, and spend some time getting to know your new coworkers. If one of them has a conviction on their record and doesn’t tell you, you could be in violation and not even know. Or, perhaps while spending time in downtown St. Louis with family, someone falls and is injured, and the closest hospital is across the river in Illinois. While it’s perfectly reasonable to try and get that person to the closest care, it would technically be a violation.
What Happens if I Violate Probation in Missouri?
Probation violations can lead to serious consequences. An arrest warrant can be issued, and you will go through a probation revocation hearing with the court – as you probably guessed, at this hearing, the judge could go so far as to impose a sentence for the original charge.
The good news is that you have the right to a criminal defense attorney to be at your side during these hearings. Combs Waterkotte’s leading Missouri probation violations team can ensure that your rights are protected and greatly reduce the chances of being sent to jail or prison.
What Should I do if I Violated My Probation in Missouri?
Whatever the circumstances that lead you to an alleged violation, it’s important to get expert legal help as soon as possible. The sooner you bring in someone to protect your interests, the more likely you are to end up with a warning or lesser penalty, rather than a prison sentence.
At Combs Waterkotte, we fight for your justice on both sides of probation: At the start, we use our experience and knowledge to help you avoid prison and walk away with an SIS; later, if you’re accused of violating your probation, we’re there to protect all of the work you’ve put in. Contact our Missouri Probation Violations Attorney team today for a free, confidential consultation, or call us at (314) 900-HELP.
