The short answer is, yes, you are always eligible for probation.  The question is whether or not the court will order that you be placed on probation.  In Missouri, there are two types of probation and whichever form of probation you are placed on can make a significant difference for your future.  The two types of probation are:

• SUSPENDED IMPOSITION OF SENTENCE (SIS)An SIS means that the judge is not imposing any sentence on you for the charges you are pleading guilty to.  What that means is that if you successfully complete your term of probation, there will not been any conviction on your record for the crime that you were charged with.  However, if you violate the terms of your probation, the Judge can revoke the SIS probation and sentence you up to the maximum range of punishment for the crime you pled guilty to.

  Example:  John Doe pleads guilty to the Class D Felony of Possession of Marijuana (35 Grams or Less).  John’s attorney works with the Assistant County Prosecutor and both get the court to accept a plea bargain.  the terms of the plea bargain are that the judge will accept John’s plea of Guilt, suspend imposition of any sentence, and place him on a 5-year term of probation.  If John successfully completes the 5-year probation he will have never been conviction of Felony Possession but if he violates the terms of his probation, the Judge can revoke his probation and sentence him up to 7 years (the maximum for a class D Felony in Missouri).

• SUSPENDED EXECUTION OF SENTENCE (SES)An SES means that you have pled guilty and the Judge has sentenced you pursuant to the applicable range of punishment for the crime you pled guilty to.  The Judge will then suspend execution of that sentence and place you on a term of probation.  If you violation the terms of your probation, the Judge can then revoke your probation and execute the sentence that you pled guilty to.

  Example:  John Doe pleads guilty to the Class D Felony of Possession of Marijuana (35 Grams or Less).  John’s attorney works with the Assistant County Prosecutor and both get the court to accept a plea bargain.  the terms of the plea bargain are that the judge will accept John’s plea of Guilt, Sentence John to 4 years in the Missouri Department of Corrections, suspend Execution of that sentence, and place him on a 5-year term of probation.  If John successfully completes the 5-year probation he will have never have to serve the 4-year sentence, but if he violates the terms of his probation, the Judge can revoke his probation and send him to serve his 4-year sentence in the Missouri Department of Corrections.

If you have been charged with a crime, talk to a criminal defense lawyer about the options given the facts and circumstances of your case.  You may be a good candidate to have the court place you on probation and a criminal defense lawyer can help you obtain that goal in your criminal case.