Columbia Probation Violation Lawyer
In Missouri, there are two types of Probation. The difference between the two creates a very important distinction and each has it’s pros and cons. With help from a Columbia probation violation lawyer, you could better understand the two types as follows:
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 be 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 convicted 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 violate 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 the 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 are currently on probation supervised by Missouri Probation and Parole, you must remember the following standard conditions that come with your probation:
- YOU MUST NOT COMMIT ANY OTHER CRIMINAL CONDUCT
- MAKE SURE THAT YOUR PROBATION OFFICER IS AWARE OF YOUR CURRENT ADDRESS AT ALL TIMES
- GET PRIOR PERMISSION FROM YOU PROBATION OFFICER BEFORE LEAVING THE STATE
- ANY CHANGES IN EMPLOYMENT MUST BE APPROVED
- DO NOT CONSUME OR SELL ILLEGAL SUBSTANCES
- YOU MUST REGULARLY REPORT TO YOUR PROBATION OFFICER
That list does not cover all of the special conditions that may be a part of the terms and conditions of your probation. The Court may have ordered other special conditions as a requirement and you should be familiar with the paperwork that you were provided when you were placed on probation.
If you are caught violating the terms of your probation, you could be facing serious legal jeopardy. However, you do have rights and options. Please reach out to a Columbia probation violation lawyer for the help you need today.