Missouri SIS vs. SES in Jefferson City

SIS, or Suspended Imposition of Sentence, is a guilty plea with probation. Jail time is neither negotiated nor laid out because the defendant agrees to plead guilty as a way to avoid incarceration. Instead of serving time, they are placed on probation and the case is continued until the probation term is completed. If the defendant successfully completed SIS probation, the conviction generally won't appear on their criminal record. If they violate the terms of their probation, the case can return to the courts to determine an appropriate sentence, which generally includes jail time.

SES, or Suspended Execution of Sentence, happens when a defendant pleads guilty and is convicted of the charge. However, instead of being sentenced to jail time, the sentence is suspended, and the defendant is ordered to serve probation instead. However, upon successfully completing the probation period, the conviction remains on the defendant's criminal record.

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.

Suspended imposition of sentence is generally used for first-time offenders or those who have been charged with nonviolent crimes. It's a way to attempt to still hold the person accountable for their actions while also recognizing that a permanent criminal conviction on their record may cause more harm than the mistake warrants. It's a type of second chance.

Suspended execution of sentence is more commonly used for repeat offenders or those charged with more serious crimes. It can help alleviate issues such as overcrowding in jails while still leaving a criminal conviction on the person's record.

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.

Using either of these methods to avoid jail time hinges on completing probation successfully. To do that, you need to understand what's required of you, such as meeting regularly with your probation officer and avoiding any adverse interactions with law enforcement. Depending on the type of charge, you may also have to submit to drug tests to ensure you aren't using any controlled substances. If you have questions about your probation terms or how to stay on track, Loraine Law Center can help.

At Loraine Law Center, we handle these types of cases all the time. Whenever we advise clients about SIS or SES arrangements, we always ensure they understand what they are agreeing to, what their responsibilities are, and what can happen if they violate the terms of their probation. If you're facing criminal charges and avoiding jail time is a high priority, we can talk with you about these options. We are here for you in Jefferson City!

Before you enter a guilty plea or try to make a deal with prosecutors, it's essential to obtain legal advice from an experienced criminal defense attorney. Loraine Law Center founder Kyle Loraine has experience as both a prosecutor and defense attorney, which means he is uniquely suited to helping defendants explore all of their options. If you're facing criminal charges in Jefferson City or the surrounding area, call our office at 573-284-3048.