SIS or SES Probation in Missouri - What’s the Difference?

Posted by David Casey | Apr 13, 2022 | 0 Comments

Following a plea of guilty or a finding of guilt, a defendant will be formally sentenced by the trial court.  The court has a number of options for sentencing, which is spelled out by the enabling statute.  For example, a first time DWI in Missouri with no injuries or property damage is typically classified as a Class B misdemeanor.  The range of punishment is up to 6 months in the county jail, a fine of up to $1,000, or a combination of the two.  In addition to these choices, the court may:

Grant probation through an SIS or an SES.

If the court grants SIS probation, the judge will withhold even the imposition of the sentence, and will order the defendant complete a probation term.  The maximum term of probation for a misdemeanor is two years and for a felony, five years.  Once the probation term is completed successfully and without violation, then the matter will typically drop off of with no conviction from the underlying offense.

If the court grants SES probation, then the court will suspend the execution of the sentence and place the defendant on probation with a “backup” - which can be a term of days or months in the county jail, a fine, and/or a term of incarceration in the department of corrections.

When considering probation, it is important to understand the distinctions between the two types of probation in Missouri, as they do operate very differently and can have very different ramifications and collateral consequences.

About the Author

David Casey

EDUCATION Saint Louis University School of Law, St. Louis, Missouri J.D. - 2013 Oklahoma Baptist University Bachelor Degree - 2005 Major: History BAR ADMISSION Missouri, 2013 CURRENT EMPLOYMENT POSITION  Attorney ...


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