Jump to:
- What Is a Suspended Imposition of Sentence (SIS) in Missouri?
- What are the benefits of an SIS probation?
- What happens if I violate the conditions of my Missouri SIS probation?
- What happens once my SIS probation expires?
- Why you should meet with a defense attorney
If you received a DWI, DUI or other criminal charge, you probably feel a great deal of uncertainty about your path forward. Facing a suspension of your license, fines and a potential prison sentence can make it challenging to know what lies ahead.
Working with an experienced criminal defense attorney is essential to identifying your potential options and making sure your rights are defended. While it isn’t guaranteed in every case, probation is one potential alternative to a prison sentence or significant fine. Probation types are typically divided into two categories: suspended execution of sentence (SES) and suspended imposition of sentence (SIS).
The SIS probation is considered favorable due to its limited effect on a defendant’s criminal record. Let’s take a closer look at how a suspended imposition of sentence works.
Suspended Imposition of Sentence (SIS) in Missouri
An SIS probation is an agreement between the district attorney and defendant as an alternative to a prison sentence or other penalty. SIS probation agreements are usually formed as part of a guilty plea for a charge. According to the Missouri Municipal Clerk Manual, these are five characteristics that are generally associated with this type of probation:
- No sentence is imposed.
- The judge does not include jail time or a fine in the disposition order.
- The probation is usually granted in lieu of a fine or jail time.
- No points are assessed against the defendant’s driver’s license in traffic cases.
- The defendant’s case record is closed to the public.
The main difference between a suspended imposition of sentence (SIS) and a suspended execution of sentence (SES) is that, in an SES, a sentence is imposed, and the offense is part of the defendant’s criminal record.
The Two Major Benefits of a Suspended Imposition of Sentence
- Avoiding incarceration, fines and other significant punishments. Serving time in prison and heavy fines can completely disrupt your life and force you to reset. An SIS probationary period allows you to keep your life moving forward as long as you continue to meet with the assigned probation officer and maintain the other conditions of your probation.
- Minimal impact on daily activities that require a background check. Having a criminal record can make it difficult to secure a loan, apply for a job or gain access to housing, as many of these tasks require a background check. An SIS probation keeps the offense off your criminal record so you can continue to function as a productive member of society.
What Happens If I Violate the Conditions of My Missouri SIS Probation?
If you are found to have violated the conditions of your suspended imposition of sentence, you can face revocation of your probation, leading to a criminal sentence, time in prison, fines and other penalties. You will be served a notice of probation revocation and required to attend a revocation hearing. After the hearing, the judge will decide whether or not to reinstate the probation or revoke it.
Potential ways you can violate an SIS probation:
- Committing another criminal offense.
- Consuming alcohol, especially if you were arrested for a DWI or DUI.
- Leaving the supervision of your probation officer without permission, also known as “absconding.”
- Possessing a weapon or breaking another “stay-away” condition.
What Happens Once My SIS Probation Has Expired?
Once your SIS probation period ends and you are determined to have completed all conditions of your probation, the sentence will not be enforced, and you won’t have a conviction on your record for any work functions or other essential activities.
Why You Should Talk With an Experienced Defense Attorney
If you are facing criminal charges, having an experienced defense attorney on your side is critical to reducing your uncertainty. Not only can an attorney represent you during the trial, but they will also walk you through realistic outcomes to help you navigate what’s ahead.
Contact an attorney from Eng & Woods Attorneys at Law to see how we can help you today!
