Often, rather than serving imprisonment under the normal punishment of a criminal conviction, the Court may elect to place the convicted offender on probation. Probation is a process whereby the Court may release an offender without incarceration or other imprisonment after being found guilty of the crime.
Probation has specific conditions that must be met in order to avoid serving time in jail or prison. These conditions are determined by the Court and typically include requirements such as:
- Supervision by the Court
- Supervision by Missouri State probation and parole
- Supervision by a private probation company (Kansas City area)
- Avoidance of any additional criminal convictions
- Others conditions as determined by the Court
Two common forms of probation are:
- Suspended Imposition of Sentence (SIS)
- Suspended Execution of Sentence (SES)
Suspended Imposition of Sentence (SIS)
A Suspended Imposition of Sentence, often called SIS, is a type of probation wherein the offender pleads guilty or is found guilty of the offense, and is placed on SIS probation for a specific period of time. A sentence of incarceration is not given at this time as it is suspended. If the offender successfully completes the probationary period according to the conditions of the probation, the conviction does not “show” on the offender’s record.
Suspended Execution of Sentence (SES)
A Suspended Execution of Sentence, often called SES, is a type of probation wherein the offender pleads guilty of is found guilty of the offense, and is placed on SES probation for a specific period of time.
With a Suspended Execution of Sentence (SES), the Court imposes a sentence of incarceration and suspends executing this sentence for the duration of the probation period. If the offender completes the probation according to the conditions provided by the Court, no jail or prison time will be served.
However, unlike SIS, SES will result in a conviction “showing” on the offender’s record, even if no imprisonment is served and the probation is completed successfully.
Who Gets Probation
Many people wrongly believe all first time offenders receive a form of probation rather than incarceration. While a first time offender is a good candidate in many cases for probation, there are no assurances probation will be given.
In truth, a person found guilty either by plea or trial may be placed on probation by the Court, subject to certain limitations. For example, if a person has been convicted of specific offenses in the past, he/she is excluded, by law, from consideration for probation. The Court may deny any person probation.
Term of Probation< br/> The Court determines the length, or term, of the probation. If the Court grants probation for less than the maximum term, it may order an extension of the probation. However, the total probation term, including an extension, cannot exceed the maximum term.
Time period for probation can be as follows:
- Felony: one (1) year to five (5) years
- Misdemeanor: six (6) months to two (2) years
- Infraction: six (6) months to one (1) year
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