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- SUSPENDED IMPOSITION OF SENTENCE MISSOURI STATUTE FULL
- SUSPENDED IMPOSITION OF SENTENCE MISSOURI STATUTE TRIAL
There are, of course, always exceptions and intricacies to these kinds of resolutions, including adding up to 120 days jail shock time as a condition of probation, or sending Client to the Missouri Department of Corrections for a 120-day treatment or shock incarceration program. If, however, Client originally received a sentence, or after an earlier probation violation hearing, of 3 years in prison, the judge can only order the 3 year sentence executed - and not more. If the judge does not continue Client on probation or reinstate the SIS probation, and instead chooses to impose a sentence, the judge can sentence Client to a fine, one day in jail, 7 years in prison, or anything in between.
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For example - Client has an SIS for felony possession of a controlled substance (a class D felony, carrying a maximum of 7 years in prison and a fine of up to $10,000), and that SIS is ordered revoked after a probation violation hearing.
SUSPENDED IMPOSITION OF SENTENCE MISSOURI STATUTE FULL
This is because if there is no sentence imposed, after a finding of a probation violation by the judge, the judge will have the full range of punishment available to him or her. Lawyers and judges sometimes talk about the “double-edged sword” or “pros and cons” of an SIS. If you have an SIS, and the judge chooses to impose a sentence, whether executed or not, you will lose the benefit of the SIS and receive a conviction for the offense, and the record of the plea and conviction will thereafter be an open record (unless later expunged).
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Options for post-violation action include the individual being continued on probation, with or without an additional duration being added, the probation being revoked, but then the defendant being reinstated on a new term of probation, the probation being revoked, with a sentence imposed, and that sentence is either suspended (probation/SES), or ordered executed (pay a fine or go to jail/prison). It is important to have an attorney representing you for a probation violation hearing, as a skilled criminal defense attorney can defend against the violation, negotiate the resolution of the probation violation with the prosecutor, and/or advocate for a certain resolution of the violation with the judge. If the individual violates the terms of probation, by not following through with one of the conditions, for example: absconding, committing a new offense, or failing a drug test, the judge may set a Probation Violation Hearing. It is important to note, though, that even though the case is a closed record and there is no conviction, the charge has not been “expunged” or destroyed. This is a favorable result in many cases. If the defendant receives a suspended imposition of sentence and completes probation successfully, the case becomes a closed record, and the individual does not suffer a criminal conviction. For a felony, the term of probation is 5 years, but under the Earned Compliance Credit law, R.S.Mo 217.703, it can be completed in as little as 2 ½ years.
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For a misdemeanor, probation can be for any amount of time, although commonly the term of probation is 2 years, 1 year, 18 months, or 6 months. Instead, the defendant is placed on probation (although Missouri law does not require a term of probation for an SIS, most, if not all, SIS cases come with probation). With an SIS, the judge does not impose a sentence - that is, a term of days, months, or years imprisonment, or a fine, is not pronounced. One of these options is referred to as a Suspended Imposition of Sentence, or “SIS”.
SUSPENDED IMPOSITION OF SENTENCE MISSOURI STATUTE TRIAL
Under Missouri Law, judges have many options at their disposal following a finding of guilt at trial or a plea of guilty.