Do You Automatically Go To Jail For Violating Probation in Missouri?

February 15, 2022
A depiction of probation violation court hearing documents used in Jefferson City, MO

Many people charged or convicted of a crime in Missouri must adhere to some form of probation. The conditions of that probation depend on many factors, including the type of probation imposed. (i.e., Suspended Execution of Sentence and Suspended Imposition of Sentence probation). 

Generally, individuals who violate SES probation or SIS probation risk automatically going to jail. However, in many cases (but not all), your criminal defense lawyer can work out a deal with the prosecution to ensure you are continued on probation. 

If you’ve been accused of violating either type of probation in Missouri, it’s in your best interest to consult with a probation violation lawyer as soon as possible. Our criminal defense attorneys at Kirsch & Kirsch understand the devastating implications of SIS and SES probation violations in Missouri. 

Depending on the circumstances, our attorneys may be able to convince the judge of your innocence or that you committed the violation but should be given a second chance. Contact us today at 573-222-0826 for your free initial consultation. 

Continue reading to learn more about probation violations in Missouri. 

What Does Probation Violation Mean? 

According to Chapter 31 of the Trial Judges Criminal Benchbook, a judge may impose probation conditions they deem reasonably necessary to ensure the defendant will not break the law again. That can include conditions such as: 

  • Adherence to all laws 
  • Mandatory reporting of arrests and residency 
  • Firearm ownership restrictions 
  • Prohibiting the use of controlled substances
  • Restrictions from associating with others who have a criminal history
  • Compliance with all probation conditions imposes
  • Attendance to drug and alcohol rehabilitation programs 
  • Payment of court costs and restitution 
  • Community service 
  • Any other conditions deemed reasonable to prevent law violations 

What is the punishment for probation violation?

Neglecting to comply with the terms of your probation can result in a probation violation (i.e., jail time, fines, extended probation, etc.). If you’re in danger of violating your probation or already have, it’s recommended that you consult with a criminal defense lawyer as soon as possible. 

What Happens When You Violate Probation in Missouri?

Individuals who violate their probation in Missouri face two different scenarios, depending on their probation type. The two types of probation include Suspended Imposition of Sentence (SIS) and Suspended Execution of Sentence (SES). 

Learn more about Missouri probation violation consequences below. 

SES Probation Violation in Missouri 

A judge may impose SES probation after a defendant pleads guilty to a crime. After pleading guilty, the judge imposes a jail sentence (or other types of punishment), but the sentence is suspended. 

Then, the court orders SES probation wherein the defendant can avoid incarceration if they meet all conditions of their probation. 

However, if a defendant violates the terms of SES probation, the court can revoke their probation and automatically execute the original sentence. 

SIS Probation Violation in Missouri

Violating SIS probation is much different than violating SES probation. That’s because individuals placed on SIS probation are not actually convicted of a crime. They have pleaded(or been found) guilty, but then the judge puts them on probation. 

So long as SIS probationers meet the required conditions, they will not be convicted of a crime. However, an SIS probation violation can result in a judge imposing up to the maximum sentence for the original charge, pending a probation violation hearing. 

How Can a Probation Violation Lawyer Help? 

Sometimes, defendants are falsely accused of probation violations. In that case, your Jefferson City attorney can gather the facts of your case and present evidence that proves your innocence. In other instances, Missouri probationers make mistakes and violate the terms of their probation. 

Our attorneys believe everyone deserves a second chance (sometimes a third or fourth). If you did violate the terms of your probation, we could potentially negotiate with the prosecution to allow you to continue serving your probation instead of facing sentencing. 

Contact a Jefferson City Probation Violation Lawyer Today

Just because you’re on probation doesn’t mean you lose your right to legal representation. If you’re worried about the consequences of a probation violation in Missouri, we can help. Our attorneys are compassionate, skilled, and ready to fight for your continued pursuit of freedom. 

Don’t admit to probation violations or attend a probation revocation hearing in Jefferson City without an attorney you can trust. Contact us today at 573-222-0826 for a free case evaluation.