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The judge reviews the alleged violation and decides whether to continue, modify, or revoke your probation. The prosecution only needs to prove the violation by a preponderance of the evidence, a lower standard than the beyond-a-reasonable-doubt standard at trial. That lower burden is why having a St. Louis probation violation attorney at the hearing matters.
Not automatically. Judges have broad discretion and can continue probation, add conditions, extend the term, or impose short jail stays. Minor or first violations, especially where you have otherwise complied and taken corrective steps, are often resolved without revocation. The sooner a probation violation lawyer gets involved, the more options remain.
SIS (Suspended Imposition of Sentence) means no conviction appears on your record if you complete probation successfully. SES (Suspended Execution of Sentence) means a conviction shows on your record regardless, with jail time suspended as long as you complete the terms. If SES probation is violated, the court will typically make you serve the suspended jail time.
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 Law Group can present evidence and make arguments as to why probation should be terminated.
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.