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LegalEagle1
LegalEagle1, Criminal Lawyer
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My son was arrested for a second probation violation (Felony

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My son was arrested for a second probation violation (Felony C - non violent). He stopped going to ordered classes. He has served approx a total of 3 1/2 yrs of probation and completed the 120 program after first violation. Under the new Missouri HB 1525 since he does not qualify for the 120 program because he has already completed, he is not an absconder, is a non-violent offender what are the sentencing guidelines. He had his first hearing with 48 hours but the hearing got continued for 30 days.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer. I would like to assist you today.

Can you please tell me what your question is?
Customer: replied 1 year ago.


Missouri passed a new laws MO HB1525 last year with a purpose of trying to keep non-violent offenders out of the jail system. My son is currently in jail for his second probation violation (he quit going to classes ordered by PO). According to HB1525 he is not eligible for 120 program because he already completed after first violation. I have read MO HB1525 and it is not clear to me what his sentencing could be. So my questions is according to this new law what is the possible sentencing he could get

Expert:  LegalEagle1 replied 1 year ago.
Thank you for that additional information.

In Missouri a Class C felony a court could impose a maximum prison term of 7 years. If a the court does impose a prison sentence the minimum sentence must be 2 years. So the court could impose anywhere from 2 to 7 years in prison.

The court also has the option to reinstate probation with conditions (other than the 120 program).

MO HB1525 is a statute which while establishing the criteria for entering into the 120 program it also sets forth a method for early termination of probation for probationers who remain in compliance with the terms and conditions of probation. It does not impact the sentence that the court can impose for those who violate the terms and conditions of probation.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 1 year ago.


It is my understanding the MO HB1525 does address probation violations as well, again the purpose being to keep non-violent offenders out of jail system. His original sentence was 6 years with 5 years probation of which is completed approx 3 1/2 yrs and the 120 program. He is not an absconder so am I correct in my understanding that they can sentence him to jail time but only a certain amount of time as determined by HB1525 states 360 hours per hr max and that they cannot invoke his full original sentence of 6 years because he has not commited an additional crime and is a non-violent offender. In the chance that I am wrong on this and they do invoke original 6 yr sentence what is the percentage in Missouri of time he must serve and does he get credit for time served in jail and on probation, because that is how I understand it to read.

Expert:  LegalEagle1 replied 1 year ago.

Can you tell me when his original sentence was? Also when was his probation violation filed?

Customer: replied 1 year ago.


Original sentence date 10/15/2007.


Probation violation filed 2/13/13

Expert:  LegalEagle1 replied 1 year ago.
Is 2/13/13 the first PV or the second PV? Please clarify these dates.
Customer: replied 1 year ago.

First probation violation was 3/24/2009. He was sentenced to 120 program. SEcond probation violation was actually filed in Aug 2012 and another was filed 2/13/2013, I am guessing these are related to each other and for non-compliance with class and non-reporting to PO. The whole case history is available on Missouri Case net (you can google) and is availabe to public free of charge if that is helpful. Thanks

Expert:  LegalEagle1 replied 1 year ago.
Thank you for the additional information I wanted to see when the dates were to see if that may impact the application of the statute.

HB1525 also allows the Division of Probation and Parole to place offenders in jail for short periods of time when a probation and parole officer believes an offender has violated a condition of release unless the offender's order of release includes detention as a condition of the probation or parole. The first period of detention may be no longer than 48 hours and the offender may only spend up to 360 hours in jail in a calendar year. The parole officer does this as alternative to filing revocation proceedings. Has the probation filed to have his probation revoked?

If they have then the court can sentence him to prison.
Here is the procedure or rules by the Department of Corrections for determining an inmates Good Time Credit.

http://www.sos.mo.gov/adrules/csr/current/14csr/14c10-5.pdf



Class C offenders can earn 2 months for year of the sentence. So a 6 year sentence would be eligible for 12 months/ 1 year credit.

He would also be entitled to anytime that he has already spent incarcerated for this offense.

Under § 559.016.XXXXX"may revoke probation and order that any sentence previously imposed be executed. If imposition of sentence was suspended, the court may revoke probation and impose any sentence available under § 557.011. The court may mitigate any sentence of imprisonment by reducing the prison or jail term by all or part of the time the defendant was on probation. The court may, upon revocation of probation, place an offender on a second term of probation. Such probation shall be for a term of probation as provided by § 559.016, notwithstanding any amount of time served by the offender on the first term of probation."

So the court has discretion to give him credit for the time has served on probation should the court impose a prison sentence.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.
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Category: Criminal Law
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Experience: Practicing attorney licensed for over 23 years.
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