A motion for probation revocation does not automatically mean the defendant will be revoked. A motion to revoke probation simply puts the case back before the court for consideration of further action.
In felony cases, probation is typically supervised by Missouri Probation & Parole. The probation officer has discretion to issue a warrant as does the court.
Probation revocations rarely go to a hearing due to the wide range of possible outcomes and the discretion of the Court to impose a disposition as it sees fit. The outcome is often heavily dependent on the skill and experience of defense counsel to fully understand how to reach the optimal result. Missouri offers several alternatives to straight prison time as do local circuits. Other possibilities exist that can be offered to avoid prison and/or a conviction if the probationer is on a suspended imposition of sentence.
Over the past 25 years, I have assisted thousands in these situations and I can help you.
If you or a loved one is facing a probation revocation in Missouri, call us at (314) 456-4567 to discuss.
- Defendant discharged from probation Defendant was on a suspended imposition of sentence in St. Louis County for stealing over $750 and was arrested for possession of a weapon. The initial recommendation by Missouri Probation & Parole was to revoke defendant’s probation and sentence him. An agreement was reached with the prosecuting attorney to continue the original hearing for sixty days while defendant remained in custody and to terminate his probation and not issue the new weapons charge. Defendant was discharged from probation.
- Defendant continued probation Defendant was on probation for possession of a controlled substance in St. Louis County and was subsequently charged in another circuit with felony theft. The recommendation of Missouri Probation & Parole was to revoke probation and impose a five year prison sentence. After discussions with the Court, the Court agreed with defense counsel that the new theft case lacked credibility and was not a sufficient basis for revocation. Defendant was continued on probation.
- Defendant continued on probation Defendant was on probation for possession of a controlled substance in St. Louis County on two different cases and was also on probation in Jefferson County for two more similar cases. Defendant was arrested multiple times for possession while on probation. The recommendation by the State was for revocation and that a seven year prison sentence be imposed. Defendant was on a suspended imposition of sentence on all cases and had participated in multiple diversion programs as well as CHOICES and long term ITC with the Department of Corrections. Defendant was continued on probation in St. Louis County and sentenced in Jefferson County pursuant to 559.115, the 120 day shock treatment program with DOC.
- Defendant discharged from probation Defendant was on probation for stealing over $750 in St. Louis County and was arrested on a weapons charge in another circuit. Defendant was within 4 months of completing probation. Upon an agreement with the State, Defendant remained in custody for thirty days and was discharged from probation at the next hearing, preserving a suspended imposition of sentence.