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Probation Violations

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.

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    Probation Violations Overview

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    Probation Termination

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    Parole Violation

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    Expungement

Common Conditions of Probation

Some of the conditions of probation often include the following:

  • Supervision by the court
  • Supervision by the Missouri State probation or parole board
  • Supervision by a private probation service
  • Refraining from the use of alcohol or drugs
  • Assigning a curfew time
  • Refraining from leaving the state of Missouri

Forms

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.

Length

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.

Contact a St. Louis, MO Probation Violation Lawyer

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 Law Group 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.

Jefferson County, MO Termination of Probation Attorney

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.

How Can I Get My Probation Terminated?

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 Law Group can present evidence and make arguments as to why probation should be terminated.

Contact St. Louis Probation Termination Lawyers Today

Contact the experienced probation lawyers of Henderson Law Group 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.

St. Louis, MO Parole Violation Attorney

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:

  • All federal, state, municipal, and county laws must be obeyed.
  • If arrested, you must report the arrest within 48 hours to your parole officer.
  • You must obtain permission from your parole officer to travel out of the area.
  • You must receive permission before making a change in residency.
  • You must receive approval on your employment, and any change in your employment must also be approved.
  • You must receive permission before associating with any person convicted of a felony or misdemeanor.
  • You cannot possess, use or sell controlled substances.
  • You cannot possess a firearm.
  • You must follow all directions relating to reporting to your parole officer.
  • You must follow any other special parole conditions specifically required of you.

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.

Contact a St. Louis Parole Violation Lawyer Today

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 Law Group 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.

St. Louis DWI Expungement

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.

Expungement of A Criminal Charge

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:

  • There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
  • No charges will be pursued as a result of the arrest;
  • The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;
  • The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
  • No civil action is pending relating to the arrest or the records sought to be expunged.

Expungement of a DWI

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:

  • The DWI charge that an individual is seeking to expunge must be his or her first alcohol-related driving offense and must have been a misdemeanor charge rather than a felony charge;
  • The DWI charge must be at least 10 years old;
  • Since the date of the DWI charge, an individual cannot have any subsequent alcohol-related driving offenses;
  • An individual cannot have any subsequent alcohol-related enforcement contacts, any other alcohol-related driving charges, or alcohol-related enforcement actions pending at the time of the expungement hearing.

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 Law Group, 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.

Expungement of a MIP

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:

  • It must be the first time he or she pleaded guilty to or was found guilty of MIP
  • One year has passed from the time he or she pleaded guilty or was found guilty of MIP or the minor has reached 21 years of age
  • He or she has had no other alcohol-related convictions or “alcohol-related enforcement contacts” as defined in Section 302.525(3)

Call a St. Louis Expungement Lawyer Today

The St. Louis expungement lawyers of Henderson Law Group 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 Law Group stand ready to defend your freedom. Call 314.645.4400 today to schedule a free consultation.

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