Being accused of violating probation does not necessarily mean going to jail or prison, but it does mean facing a judge who has wide discretion over what happens next. Missouri law gives courts many options when someone violates the terms of probation, from warnings and modifications to a 120-day institutional program to full revocation and execution of the original sentence. What actually happens depends on the nature of the offense, the underlying offense, and whether the person has competent legal representation.
What Missouri Law Says About Probation Violations
Missouri’s probation violation statute is RSMo § 559.036. According to the law:
“If the defendant at any time violates the terms of probation before the expiration or expiration of the probationary period, the court may proceed with the existing conditions, with or without changing or adding conditions or extending the term.”
This means the court has many options other than sending someone to prison. The law creates a framework that prioritizes alternatives to incarceration for many first-time offenses, especially when certain conditions are met.
Alternative 120 Day Program
Missouri law requires courts to consider the Department of Corrections program for 120 days for eligible probation violators before revoking probation completely. According to RSMo § 559.036(4), unless the defendant consents to revocation, the court must order placement in a 120-day program if the person meets the eligibility requirements:
Eligibility Based on Underlying Violation
The underlying offense must be a Class D or E felony or a drug offense under Section 579. However, certain offenses are excluded even if they are a Class D or E felony, including:
Violations Must Meet Certain Criteria
A 120 day program is required unless:
“(b) The violation of probation is not due to the defendant fleeing or being found guilty, pleading guilty, or being arrested on suspicion of a felony, misdemeanor, or any other offense.”
This means that if the offense involves a new criminal charge or absconding (leaving one’s residence without permission to avoid supervision), the person is not eligible for the 120-day program.
Additionally, the violation must not involve:
“(c) …any condition of probation involving the possession or use of a weapon, or a living away condition that prohibits the defendant from contacting certain individuals”
One Program Per Trial Period
The law limits defendants to one 120-day program placement per probationary period.
What’s Covered in the 120 Day Program
When ordered into the program, the Department of Corrections conducts an assessment and places the person in:
- Structured cognitive behavioral intervention program, OR
- Institutional treatment program
Placement decisions are at the department’s discretion based on their judgment. Upon successful completion, the person is released to continue probation, which cannot be changed or extended based on the same offense. If a person does not successfully complete the program, they are returned to court for further proceedings, and the judge can then modify, extend, or revoke the probation period.
Other Options Courts Have for First Offenses
Beyond the 120-day program, Missouri law provides courts with several alternatives:
Formal Warning and Continue Probation
The court may continue a person with the existing conditions without change. This often occurs due to minor technical violations such as missed appointments or late payment of fees, especially if the person has a good probation record.
Modifying or Extending the Probation Period
According to RSMo § 559.036(3):
“…the court may proceed with the existing conditions, with or without changing or enlarging the conditions or extending the time period.”
This may mean additional drug testing, more frequent reporting, community service hours, or other better conditions. The court may extend the probationary period, but the statute limits extensions and sets a maximum probationary period duration under RSMo § 559.016.
Revoke Probation and Execute Sentence
If the defendant agrees to the revocation, or if they do not qualify for the 120-day program and other options are not appropriate, the court may revoke the probation period entirely. According to RSMo § 559.036(5):
“…the court may revoke probation and order that previously imposed sentences be carried out.”
This means depending on whether the person received a Suspension of Sentence (SIS) or a Suspension of Execution of Sentence (SES):
SIS Probation Period: The person is not punished, but receives probation as an alternative. If revoked, the judge can impose the highest possible sentence on all charges on which the defendant is found guilty.
SES Probationary Period: The person has been found guilty and sentenced, but the sentence was suspended in favor of probation. If revoked, the judge executes the original sentence.
The court may grant probation credit toward any prison sentence imposed, but this is discretionary.
Probation Violation Hearing
Missouri law requires notice and a hearing before probation can be revoked. According to RSMo § 559.036(6):
“A probationary period may not be revoked without giving the person on probation notice and an opportunity to be heard on the issue of whether the person on probation violated a condition of probation and, if a condition was violated, whether revocation was justified under all the circumstances.”
The defendant must receive notice at least five working days before the hearing. The judge must inform them of their potential right to appoint legal counsel if they cannot afford an attorney.
The burden is on the prosecution to prove the offense occurred, but the standard is “a preponderance of the evidence,” which is lower than the “beyond a reasonable doubt” required for a criminal conviction.
Factors the Court Considers
Judges usually consider:
- Whether the violation is technical or involves a new criminal offense
- The person’s overall compliance history on probation
- The seriousness of the initial violation
- Does the person pose a danger to society
- Probation officer recommendation
- Prosecutor’s position
- Willingness to accept responsibility and adhere to it going forward
First-time violations involving technical issues and not new crimes generally result in a warning, modification, or 120-day program rather than a full revocation.
How Rose Legal Services Can Help
At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Our attorneys routinely represent clients at probation violation hearings throughout Missouri.
When working with us, clients benefit from:
- Experienced criminal defense attorney who understands probation laws and local court practices
- Team approach with attorneys and support staff. When a case requires additional investigation or expertise, we engage trusted investigators and expert witnesses as needed.
- Strategic advocacy at the violation hearing
- Clear communication through dedicated Client Services Specialists
We know the prosecutors and judges in St. Louis. Louis City, St. Louis Louis County, St. Louis Charles County, Jefferson County and surrounding jurisdictions, and we understand how probation violation cases are typically handled in each court.
Contact us immediately if facing a probation violation hearing.
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