If you have violated the terms of your probation, you are facing a serious charge. Often, a court will grant probation to an offender after being convicted of or pleading guilty to an offense in lieu of imposing a term of imprisonment. However, when an individual is placed on probation, the court typically assigns certain terms and conditions that he or she must adhere to.
Probation Violations Overview
Some of the conditions of probation often include the following:
The two most standard forms of probation are SIS and SES. SIS (Suspended Imposition of Sentence) is where a defendant pleads guilty to or is found guilty of a criminal offense, and then is placed on SIS probation for a fixed period of time. Once the offender successfully completes the probationary period, an SIS will not result in a conviction “showing” on a criminal record.
SES (Suspended Execution of Sentence) is where a defendant pleads guilty to or is found guilty of a criminal offense, and then is placed on SES probation for a fixed period of time. However, unlike SIS probation, the Court imposes a sentence of incarceration at the time he or she pleads guilty to or is found guilty of a criminal offense. As long as the individual successfully completes the terms of his or her probation, he or she does not have to serve any of the jail time that was “suspended.” On the other hand, if an individual violates the terms of his or her probation, then the Court will typically make him or her serve the jail time that was initially suspended. Unlike SIS probation, a SES will result in a conviction “showing” on the individual’s criminal record regardless of whether he or she successfully completes probation.
If a court grants probation to a defendant, it will also determine the length of probation. The maximum length for a misdemeanor offense is two years. The maximum length for a felony offense is five years. However, both of those terms can be extended by a year in certain circumstances.
If you have been accused of violating the terms of your probation, you need to seek the help of a qualified and skilled St. Louis probation violation attorney today. The criminal defense attorneys of Henderson & Waterkotte, P.C. will aggressively fight to mitigate the penalties associated with a probation violation and handles cases throughout eastern Missouri. This includes, but is not limited to, St. Louis, St. Louis City, St. Charles, Lincoln, Jefferson, St. Francois, and Washington counties. Call us today for a free consultation. We are available 24 hours a day, 7 days a week for you.
If you or a loved one is placed on probation, it may be possible to terminate the probation period. In most misdemeanor cases where probation is given to the defendant, the period of probation will typically be two years. On the other hand, most felony probation periods in Missouri are five years. Probation often places many restrictions on defendants that can make finding a job, going to school, or moving out of state difficult. If you have been placed on probation, it may be possible to petition the court to terminate your probation.
It is solely in the judge’s discretion to terminate your probation in Missouri. If you have served a portion of the probation period and met your other obligations while on probation, it may make you a qualified candidate to have probation terminated.
During a termination of probation proceeding, the judge may allow the probation officer and the prosecutor to present their views on a termination. Additionally, the St. Louis termination of probation lawyers of Henderson & Waterkotte, P.C. can present evidence and make arguments as to why probation should be terminated.
Contact the experienced probation lawyers of Henderson & Waterkotte, P.C. today to learn how the law applies to your specific situation. Our lawyers understand the burden probation can have on you. We will vigorously fight to get your probation terminated immediately.
Parole is the process where the Missouri Board of Probation releases an offender from confinement after serving a portion of his or her sentence. Parole is not a matter of right. In fact, it is typically earned by demonstrating good behavior while confined in prison. The parole board determines whether placement in a residential facility, community release center, or on electronic monitoring is appropriate. The board also establishes special conditions in order to address an offender’s specific needs. If these conditions are violated, the parole board will typically revoke parole, and the violator will be imprisoned.
If released on parole, an individual must abide by the following conditions:
It is imperative that an individual released from incarceration on parole strictly adhere to all conditions and terms of their release. One violation may send you back to prison. A new criminal charge not only can send you back to prison, but it can also add additional time to your term of incarceration.
If you have violated the conditions of your parole or are facing a new criminal charge, call the St. Louis criminal defense lawyers of Henderson & Waterkotte, P.C. today for a free consultation. Our criminal defense lawyers will zealously fight to protect your rights and defend your freedom. We are available 24 hours a day, 7 days a week.
Expungement of a criminal charge is the court-ordered removal of all official records of an individual’s arrest, plea, trial, and conviction. The effect of an expungement is to restore an individual’s legal statute to that he or she had before the arrest, plea, trial, or conviction, as if the event never took place.
In Missouri, there are three forms of expungement. One form of expungement is generally applicable to all criminal cases, except DWI and MIP convictions. Missouri law has unique expungement statutes specifically relating to DWI and MIP convictions.
In Missouri, it is very difficult to have a criminal charge expunged from your record. However, it can be done. An individual wishing to have a criminal charge expunged from his or her record must meet very specific criteria set forth by Missouri statutory law.
In Missouri, any record of arrest may be expunged if the court determines that the arrest was based on false information and the following conditions exist:
Missouri has a unique expungement statute that applies specifically to DWI charges. An individual seeking to have a DWI charge expunged from his or her record must meet specific criteria set forth by Missouri law.
In short, for a DWI charge to qualify for expungement, the following criteria must be met:
Recently, Missouri legislators added new provisions to the DWI expungement statute in an attempt to make it more difficult for individuals to expunge an old DWI. The DWI expungement statute is complex. At Henderson & Waterkotte, P.C., our St. Louis DWI lawyers understand and know how to get a DWI expunged. We can explain the law to you and how it applies to your specific situation.
The Missouri MIP law allows a minor who has pleaded guilty or found guilty of MIP for the first time to obtain an Court ordered expungement of all official records of his or her arrest, plea, trial and conviction. To obtain an expungement of a MIP, a person must meet all three of the following requirements:
The St. Louis expungement lawyers of Henderson & Waterkotte, P.C. can explain the complex expungement process to you and how it applies to your specific situation. Contact us today to schedule a free consultation.
If you are being investigated or have been charged with any probation violations, it is vital that you seek aggressive and skilled representation from the outset. The lawyers at Henderson & Waterkotte, P.C. stand ready to defend your freedom. Call 314.645.4400 today to schedule a free consultation.