Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

My son was arrested for a second probation violation (Felony

C - non violent)....
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.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 4 minutes by:
6/6/2013
LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 23 years.
Verified
Hello and welcome to JustAnswer. I would like to assist you today.

Can you please tell me what your question is?
Ask Your Own Criminal Law Question
Customer reply replied 4 years 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

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.

_________________________________________________________________
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.
Ask Your Own Criminal Law Question
Customer reply replied 4 years 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.

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

Ask Your Own Criminal Law Question
Customer reply replied 4 years ago


Original sentence date 10/15/2007.


Probation violation filed 2/13/13

Is 2/13/13 the first PV or the second PV? Please clarify these dates.
Ask Your Own Criminal Law Question
Customer reply replied 4 years 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

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.
LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 795
Experience: Practicing attorney licensed for over 23 years.
Verified
LegalEagle1 and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask LegalEagle1 Your Own Question
LegalEagle1
LegalEagle1
LegalEagle1, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 795
795 Satisfied Customers
Experience: Practicing attorney licensed for over 23 years.

LegalEagle1 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Im under open investigation for a possible violent crime
im under open investigation for a possible violent crime what does that mean? am i being charged … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
My daughter was just sentenced 11-20-17 for arson of her
My daughter was just sentenced 11-20-17 for arson of her home. She is innocent and has no priors. Are there any early release programs out there that she can apply for? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was convicted of a non- violent theft felony (restitution
Hello. I was convicted of a non- violent theft felony (restitution was $10,000) about 6 years ago in Pennsylvania. I have done everything to distance myself from my past. I'm struggling to find a job … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
WHAT ARE CHANCES OFF GETTING PARDON FOR NON VIOLENT DRUG
WHAT ARE CHANCES OFF GETTING PARDON FOR NON VIOLENT DRUG CASE SO I CAN HUNT VOTE I LIVE ON FARM AND NEED TO SHOOT COWS SOMETIMES … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I'm a register sex offender in Idaho and I'm non violent do
I'm a register sex offender in Idaho and I'm non violent do I have to inform people that I'm a sex offender or do I inform my job … read more
Michael Gonzalez
Michael Gonzalez
JD
524 satisfied customers
My son was sentenced to 4 years with 85 percent can he go to
My son was sentenced to 4 years with 85 percent can he go to fire camp and get half time or is it mandatory to do 8t% … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
My husband has been held for federal non violent warrant
my husband has been held for federal non violent warrant from ohio ( we live in north carolina) the federal marshalls picked him up nov.8th. theyre holding him for extradition. yesterday they moved hi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What happens in a sentencing hearing? The case specifically
What happens in a sentencing hearing? The case specifically I'm wondering about is a sexual battery case, but maybe all sentencing hearings progress the same way. Do the attorneys speak, then the defe… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,862 satisfied customers
Is there some law that will stop a defended being sentenced
Is there some law that will stop a defended being sentenced to prison time if under 27 and has drug charges… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
82 satisfied customers
Can i get my civil rights back if my felony is not violent.
Can i get my civil rights back if my felony is not violent … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
I was convicted of a non-violent crime, that was unrelated
Hi I was convicted of a non-violent crime, that was unrelated to children. My kids school is now saying that in order to volunteer all parents are required to submit a livescan background check. Will … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
I was convicted of a non violent felony in another state
I was convicted of a non violent felony in another state only got 3 years probation for possession. it was a first time felony and was automatically pardoned in Louisiana I live in SC now and I want t… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,779 satisfied customers
What is the sentence for forgery in Delaware? The police
The police will arrest my son om Wednesday when I bring him hime from rehab. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My son is at the a c I on drunk and domestic violent
my son is at the a c I on drunk and domestic violent charges. Have not posted bail. … read more
Expert James
Expert James
Doctoral Degree
11,699 satisfied customers
If a sentencing order states:" Sentenced to six years to be
If a sentencing order states: " Sentenced to six years to be served concurrently with revocations of his/her probation in cases A and B"... does this confirm that the sentences count as one incident o… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x