SIS vs SES - What is the Main Difference in Missouri?

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What does it mean for your criminal case?

In a settled criminal case, there have historically been three outcomes:

  1. Guilty plea with jail time

  2. Guilty plea with probation

  3. Diversion - the case is put on hold for a period of time, and if the defendant successfully completes the terms of the diversion, the case is dismissed without a conviction.

SIS is the second outcome, and SES is the third outcome.

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Kyle Loraine at Jackson County Court

SIS, or Suspended Imposition of Sentence

SIS, or Suspended Imposition of Sentence, is a guilty plea with probation. Jail time is neither negotiated nor laid out; the case is continued while the defendant completes the terms of his or her probation.

SES, or Suspended Execution of Sentence

SES, or Suspended Execution of Sentence, is a diversion. A specific sentence is pleaded by the defendant, and the execution, or performance, of that sentence, is suspended (deferred or delayed) pending the completion of probation.

Differences

In Missouri, the difference between the two sentences occurs when probation is not completed. If the court finds the defendant in violation, then their attorney can argue for continuance, a new term of probation - an SES, or a prison sentence. To simplify, there is still time for Loraine Law Center to negotiate to reduce the severity of the punishment.

With an SES, if the court finds the defendant in violation of the terms of their probation, the previously agreed-upon sentence is then enforced. After the original plea is entered Loraine Law Center's involvement in the case is finished unless we are retained in the future.

Summary

In summary, the biggest advantage of an SIS is that the defendant avoids a true felony conviction. As long as the probation is completed, the SIS is considered a guilty plea, but not a true conviction for anything other than law enforcement purposes. However, the violation of an SES results in a felony conviction. At Loraine Law, we handle these types of cases all the time. We are here for you in Jefferson City!