Probation revocation proceedings occur due to a probationer allegedly violating one, or more, of the conditions of probation. The consequences of probation revocation proceedings can be severe, including the extension of the probation period and the court revoking probation and sentencing the defendant to a term of imprisonment. Additionally, many probationers are placed on probation after receiving a Suspended Imposition of Sentence (SIS) in the underlying criminal matter.
Many defendants view an SIS favorably because it does not result in a conviction on the defendant’s record, but this is only true if the defendant successfully completes his probation. If, however, the defendant’s probation is revoked, then the sentence could be imposed, and the defendant’s record will show a conviction. Such a conviction can result in the loss of employment, an inability to obtain a loan, and may negatively impact a vast array of family-law matters. Contact an attorney at Zolman Law Firm today to ensure that you attain the best result in your probation revocation matter.
Two Types of Probation
In Missouri, the two primary types of probation include (1) probation that is court-supervised and (2) probation that is supervised by the state board of probation and parole, or a private probation provider. Court-supervised probation, more commonly referred to as bench probation, is probation that is merely supervised by the court. In court-supervised probation cases, a judge orders that the defendant complete a period of probation, and the judge imposes certain conditions of probation. Examples of these probation conditions may include prohibiting the probationer from having contact with victims, from incurring any additional criminal charges, and from entering an establishment that sells primarily alcohol. Court-supervised probation is a more passive form of probation in that, unlike state or private probation, there is not a person actively supervising the probationer during the probation period.
Probation that is supervised by the state or a private probation provider will entail many of the same probation conditions as court-supervised probation, however there will also be additional conditions related to the way that the probation is supervised. State and private probation often assign the probationer a probation officer that is responsible for supervising and administering the probation. Whereas the conditions of probation in a court-supervised probation case are imposed solely by the court, in state and private probation cases, additional probation conditions may be imposed by the probation officer and agency. While some of these additional conditions may include requirements to maintain employment, submit to drug testing, and utilize alcohol-monitoring equipment, probationers may also be required to periodically report to a probation officer. This probation officer monitors the probationer’s progress, administers drug tests, and most importantly, reports any violations of the conditions of probation to the court. This is the biggest difference between court-supervised probation, and state or private probation; with state or private probation there is an agency who is responsible for actively monitoring the probation and reporting any violations to the court.
Probation Revocation Proceedings
Whether a probationer is ordered to complete court-supervised, or state or private probation, any violation of the probation conditions may result in a probation revocation proceeding. Typically, court-supervised probation revocation proceedings are initiated due to the probationer encountering law enforcement and incurring an additional criminal charge. When state or private probation is involved, contact with law enforcement will also likely trigger a revocation proceeding, but the probation officer can also initiate a revocation proceeding by reporting alleged probation violations to the court. Probationers are entitled to a hearing before a judge to determine the reliability of the alleged violations and the appropriate punishment for the violations. Probation revocation proceedings may result in anything from the mere continuation of the probation to the revocation of probation where the probationer could be sentenced to a term of imprisonment and a fine.