Experienced Probation Violations Attorneys Fighting to Keep You Out of Jail
Probation violation is a serious offense in Missouri. This is largely because your actions indicate a “breach of trust” to the courts. When you’re placed on probation, Missouri’s courts are trying to give you another chance to become a better citizen without sending you to prison.
When you break the rules of probation, the courts may take your actions to mean that you don’t care about the faith they extended to you. Therefore, sometimes the law comes down hard on offenders who violate their probation agreements.
However, all is not lost, even if you have been charged with violating probation. With the help of experienced probations violations lawyers in Jefferson County, MO, you have a chance at getting the courts to possibly be less harsh depending on the circumstances. At Grafe & Batchelor Attorneys at Law, we’re dedicated criminal defense attorneys in Festus, MO, who have dealt with our share of probation violations cases.
We’re committed to getting you favorable outcomes. Our previous experience gives us the unique advantage and insight necessary to defend you effectively. If you’ve been charged with probation violations, call us today at 636-933-9151 to schedule a free consultation.
What is Probation Violation in Missouri?
The courts award probation as a way to keep certain people convicted of crimes out of prison. This often happens when they’re first-time offenders or their offense is a mild one.
For example, if someone’s wife was in labor and they ran a red light because they had an actual emergency, but didn’t cause any accidents, the courts may end up convicting them of running the red light.
However, because they had an actual emergency, the courts may consider that and place them on probation instead of having them face the full extent of the law. These probations typically come with terms and conditions that the defendant must adhere to for the duration of their probation.
So, when someone breaks this “agreement” and violates the terms and conditions, the State Board of Probations and Parole will charge them with a probation violation charge. This usually means facing extra charges apart from the original ones.
Common Probation Conditions in Jefferson County, MO
In Missouri, once the court issues you a probation sentence, you’ll be compelled to report to the State Board of Probation and Parole. This is the board that will monitor you to make sure that you’re living within the rules set by the courts.
This board typically has a few rules. You might be required to:
- Consistent report to your probations officer. You’ll have one assigned to you after the ruling.
- Provide information to your probation officer about your residence.
- Avoid all illegal activities. This includes the consumption and dealing of illicit substances, as well as engaging in other illegal acts.
- Not travel out of state without permission from your probations officer and the board.
- Maintain zero contact with all known criminals, including ex-cons.
- Have any new employment approved by the board.
- Be prohibited from owning or carrying any firearms. This usually applies to all probations for misdemeanor cases related to firearms and felonies.
These are just some of the general conditions. Every crime has its own associated conditions. Failure to comply with any of these terms and others associated with your probation automatically exposes you to a possible charge.
Types of Probation in Missouri
Understanding this is crucial to the case we prepare for you. The type of probation you’re given will determine how we approach your defense. The state of Missouri has the following probation types:
- Suspended Imposition of Sentence (SIS)
- Suspended Execution of Sentence (SES)
For instance, in an SIS probation, your sentence will be suspended until you complete your probation. If you do so successfully, the courts will not impose the sentence, and you’ll be free to go about your life. After this, you won’t have a criminal record.
Similarly, in an SES probation, you will be sentenced, but the court suspends the execution of that sentence and puts you on probation instead. IF you successfully complete the probation, then you will not serve the sentence. You will have a criminal record with an SES probation, but you won’t serve the time.
What if Your Probation is Revoked?
A revoked probation is usually the result of breaking the terms of your probation. The good news is that it doesn’t mean an automatic jail term. Depending on the circumstances surrounding your revocation, there are steps we can take.
We will not only explore the type of probation you received, but we will work with many factors to defend you including whether this is your first offense. In general, the court’s judgment will be based on the severity of your actions.
Mild issues could get you a slap on the wrist. However, if your actions were severe, such as drug possession with intent to use or distribute, the courts may come down hard on you.
Why You Need a Seasoned Probation Violations Lawyer in Festus, MO
This is where Jefferson County probation violations lawyers like Grafe & Batchelor can help.
We’ll work with you and try to help you arrange the best possible outcome given your circumstances.
Come talk to us today. Call 636-933-9151 to schedule a free consultation.