Getting sentenced to probation can be a second chance. Rather than serving time in jail or prison, probation allows you to stay in your community while adhering to court-ordered terms. However, if you violate those terms, you may face serious consequences like incarceration. Understanding what constitutes a violation and how courts respond can help you avoid such outcomes.
The Two Sides of Probation in Missouri
Missouri recognizes two main types of probation: Suspended Imposition of Sentence (SIS) and Suspended Execution of Sentence (SES). Each carries its own set of rules and potential penalties for violations.
With SIS probation, you haven’t technically been convicted of a crime yet. The judge has placed you on probation instead of entering a conviction on your record. As long as you successfully complete your probation term without any violations, the charges against you will be dismissed, and you’ll avoid a criminal conviction.
On the other hand, SES probation is imposed after you’ve been convicted of a crime. The judge has sentenced you to a specific jail or prison term but has suspended that sentence, allowing you to serve probation instead of doing time behind bars. If you violate the terms of your SES probation, the court can revoke your probation and order you to serve the original sentence.
What Counts as a Probation Violation?
According to Missouri law, a probation violation occurs when you fail to comply with any of the conditions imposed by the court or your probation officer. These conditions can vary depending on the nature of your offense and the specific circumstances of your case, but common probation violations include:
- Committing another crime
- Failing a drug or alcohol test
- Missing scheduled appointments with your probation officer
- Violating travel restrictions or changing your residence without permission
- Associating with known felons or engaging in criminal activity
- Possessing firearms or other prohibited weapons (if restricted)
It’s important to note that both intentional and unintentional violations can lead to consequences. Even if you didn’t mean to violate the terms of your probation, negligence or carelessness can still result in a violation.
The Probation Revocation Process
If your probation officer or the prosecutor believes you’ve committed a violation, they can report it to the court. The court may then issue an arrest warrant or a notice for a probation revocation hearing.
At the revocation hearing, the prosecution must present evidence that you violated the terms of your probation. Unlike a criminal trial, the burden of proof here is lower—the prosecutor only needs to show that a violation occurred more likely than not (known as a “preponderance of the evidence”).
You’ll have the opportunity to present your side of the story and any evidence or witnesses that support your case. However, you won’t have the right to a jury trial; the judge alone will decide whether a violation has taken place.
If the court finds that you did violate your probation, several outcomes are possible:
- Revocation of probation – For SES probationers, this means you’ll have to serve the original jail or prison sentence imposed during your conviction. For those on SIS probation, the judge can sentence you to the maximum penalty allowed for the original offense, which could include incarceration.
- Extension of probation – The court may choose to extend the length of your probation period, giving you more time to successfully complete the terms.
- Additional conditions – The judge could add new conditions to your existing probation, such as increased reporting requirements, community service, or a fine.
- Reinstatement of probation – In some cases, the court may allow you to continue on probation with no changes to the original terms and conditions.
While a probation violation doesn’t automatically mean you’ll go to jail or prison, the consequences can be severe, especially for repeat or serious violations.
Your Best Defense: An Experienced Criminal Defense Attorney
If you’re facing allegations of a probation violation, it’s crucial to have an experienced criminal defense attorney, the best criminal defense attorney in St Louis, on your side. At our law firm, we understand the complexities of probation cases and the devastating impact a revocation can have on your life.
Our attorneys can thoroughly investigate the alleged violation and gather evidence to contest the claims against you. In some cases, we can prove that no violation actually occurred, or that the alleged violation doesn’t meet the legal standards for revocation.
Even if a violation did take place, our team will fight tirelessly to present mitigating circumstances and advocate for alternative resolutions that allow you to continue serving your probation. We’ll negotiate with prosecutors and make compelling arguments to the court, emphasizing your progress and potential for rehabilitation.
Remember, you have rights, even as a probationer. Don’t face a probation violation hearing alone – let our experienced criminal defense attorneys protect your interests and give you the best chance at a favorable outcome.
A Second Chance is Possible
While violating the terms of your probation is a serious matter, it doesn’t necessarily mean your future is lost. With the right legal representation and a commitment to making positive changes, you can potentially avoid incarceration and get your probation back on track.
At our law firm, we believe in second chances and fighting for our clients’ freedom. We’ve helped countless individuals navigate probation violations and continue working towards a brighter future within their communities.
If you’re accused of violating probation in Missouri, don’t wait – contact us today for a confidential consultation. Our team will thoroughly review your case, explain your options, and create a strategic defense that is tailored to your specific situation.
Remember, the consequences of a probation violation can be severe, but they’re not set in stone. With the right legal representation, you have a better chance of avoiding jail or prison time and getting your life back on track.
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Call Rose Legal Services to schedule your consultation today.
For over twenty years, Rose Legal Services has exclusively focused on criminal law in Missouri. If you are accused of a probation violation, their experienced criminal defense attorneys can help safeguard your freedom. Call (314) 462-0200 to schedule your free case review today.
Don’t face the consequences of a probation violation alone. Trust Rose Legal Services to protect your rights and give you the best possible chance at a favorable outcome. Contact us today to schedule your consultation and take the first step towards protecting your future.
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