If you’ve been charged and/or convicted of a crime, more than likely, you will be put on some type of probation, with the length and certain conditions of the probation varying from person to person. The probation that most of us are aware of is the probationary period after a person has already been sentenced and released from jail. However, there are a other types of probation that a person can be placed under in Missouri, these are SES or SIS probation:
- SES probation stands for “Suspended Imposition of Sentence”, what this means is that you’ve been arrested for a crime, but not convicted. In lieu of a conviction sentencing, you are put on on probation for a set amount of time determined by the courts. If you successfully complete this probation period, you will not be convicted of the crime.
- SIS probation stands for “Suspended Execution of Sentence”, this type of probation is granted to people who have been convicted, but instead of a regular sentencing (jails, fines, etc.) they are put on probation.
If you are placed under court probation and you violate any of the rules placed on you by the court or your probation officer (PO), you are guilty of probation violation.
What Counts as Probation Violation?
Under Missouri Probation & Parole guidelines a judge may subjugate the defendant to several probation terms as long as they are relevant to the crime in question. With this in mind, it is also important to note that in the state of Missouri, your PO can also set their own terms of probation for which you need to follow, as long as they are rational and relevant to your crime. This is why it is crucial to understand the terms of your probation to avoid a possible probation violation, which can result in the revocation of probation and more serious penalties. According to the Office of State Courts Administrator of Missouri, When a defendant is placed on probation, he shall be given a certificate explicitly stating the conditions on which he is being released. The following conditions usually appear in orders of probation:
- Obedience to all laws.
- Reporting of all arrests within 48 hours.
- Residency reporting requirements.
- Prohibition of possession/ownership of firearms (applies to felony probation and firearms-related misdemeanor probation).
- Prohibition on the use of controlled-substances.
- Prohibition on associating with person’s convicted of felonies or misdemeanors.
- A general commitment to comply with the probation officer’s directives.
- Defendants convicted of a felony under Chapter 195, RSMo are required to undergo an educational assessment and community treatment; Section 559.633, RSMo (2006).
Modification of conditions. The court may modify the conditions during the term of probation, without notice. Sections 217.755 and 559.021.4, RSMo (2006).
Failure to comply with the conditions set by the court results in a probation violation. If you believe that you have violated your probation, it is your best interest to contact a criminal defense attorney as soon as possible.
Probation Violation Penalties
If for any reason you do violate the terms of your probation, you may be facing severe consequences. If you do not turn yourself in, a warrant for your arrest will be issued. From here, you will then be taken before the court for what is known as a Probation Revocation Hearing. It is your right to have a criminal defense attorney on your side during this hearing. Having an attorney who will fight aggressively for your rights is your best chance at gaining a positive outcome after a probation violation in Missouri.
If you choose to appear in court without proper representation, you have higher chance of being found guilty of violating your probation. If are found to be guilty of probation violation in Missouri, your probation can be revoked or modified and depending on the severity of your probation violation, the judge may also sentence you to jail or prison. This also depends upon the crime that got you here in the first place. Generally speaking, first time offenders get off a little easier, while persons who have one or more convictions under their belt are usually strapped with the maximum penalty.
At Missouri Legal, we don’t want to see all of your hard work go down the drain because of one simple mistake. Contact us today for a free consultation with one of our experienced criminal defense attorneys in Springfield, MO.