Probation in Missouri is much like probation anywhere else - it's a chance for a convicted defendant to stay free from prison if he or she remains out of trouble for a specified period of time.
The Missouri Department of Corrections/State Board of Probation and Parole has published a list of 10 conditions that are to be met in order for a person to remain in compliance with his or her probation. They are as follows:
•1. The party on probation will obey all laws and regulations;
•2. Permission will be received for any travel plans;
•3. The probation officer will be supplied with current residency information;
•4. The person on probation will maintain employment or enrollment in an approved training program;
•5. The probationer will not associate with anyone who's been convicted of a felony or misdemeanor;
•6. The probationer will not possess, use or sell illegal controlled substances;
•7. The probationer will not use, own or sell weapons;
•8. The probationer will report to his or her probation officer in accordance with a regular schedule;
•9. The probationer will follow any additional conditions that apply specifically to the situation that led to probation;
•10. The probationer understands the locations of probation and parole offices.
If you are found to be in violation of your probation, you may face serious consequences. Often, probation is granted in place of a suspended jail sentence. For instance, if a defendant is sentenced to five years in prison, but granted a suspension from serving that prison sentence on successful completion of a probationary period, but is later found to be in violation of his or her probation, he or she faces the possibility of having to actually serve the original prison sentence. It is generally up to the discretion of the trial judge to make the determination as to whether probation will be continued, revoked and reinstated, or revoked and executed.
An experienced criminal defense attorney can prove invaluable in defending probation violation allegations. All possible options can be explored. Meaningful evidence and argument presented to the Judge on the client's behalf can help define the issues and prove to the court that acceptable alternatives exist rather than revocation and jail.
If you or someone you know has been accused of violating the terms of probation, contact the attorneys from Holder Susan Slusher Oxenhandler LLC at (573) 355-9270 to set up your free consultation. Let us work for you.