For instance, if the law requires that a person convicted of a second offense of forgery involving more than $10,000 serve a mandatory minimum of one year in prison, the judge must impose that prison sentence but also may sentence the defendant to two more years in prison and suspend that portion of the sentence. If the state's criminal laws provide a mandatory minimum jail or prison sentence for the crime committed, the judge cannot suspend that sentence. Any defendant can request a suspended sentence, but no defendant is entitled to this sentencing option. When Is a Suspended Sentence an Option?Ī suspended sentence usually is available in any state court, but is at the judge's discretion. Once you successfully complete the period of probation, the court considers the sentence for the crime served. If the judge suspends part of the jail or prison sentence, you will have to serve some time incarcerated, but will be able to serve the rest of the time on probation. If the judge suspends all the jail or prison time, you will not have to serve any time. A suspended sentence can be an excellent alternative to serving a lengthy jail or prison sentence.
#STAY OF IMPOSITION TRIAL#
In Missouri no person found guilty of or pleading guilty to forcible rape or an attempt to commit forcible rape, forcible sodomy or an attempt to commit forcible sodomy shall be granted a suspended imposition of sentence or suspended execution of sentence.If you are convicted at trial or plead guilty to a crime for which the judge can sentence you to jail or prison, the judge can suspend all or part of the sentence and place you on probation (supervised or unsupervised). No person convicted of or pleading guilty to a violation of section 306.111 (Negligent operation of a vessel, operating a vessel while intoxicated, involuntary manslaughter with a vessel, assault with a vessel) or 306.112 (Operating vessel with excessive blood alcohol content) shall be granted a suspended imposition of sentence, unless such person is placed on probation for a minimum of two years and a record of the conviction or plea of guilty is entered into the records of the Missouri uniform law enforcement system maintained by the Missouri state highway patrol. The following is an example of a State Statute ( Missouri) on SIS:Īccording to § 306.114 R.S.Mo. Suspended imposition of sentence is not an appealable order for purposes of direct appeal and is not a "judgment" for purposes of applying for trial de novo in circuit court.ĭefendant who was convicted of careless and imprudent driving and received a suspended imposition of sentence cannot appeal his conviction. However both suspended impositions of sentence and suspended executions of sentence qualify as prior convictions for purposes of 21 U.S.C.S.
Suspended executions of sentence are considered to be final judgments by Missouri courts, while suspended impositions of sentence are not. § 557.011.2 allows a court to Suspend the imposition of sentence, with or without placing the person on probation. However, it will be recorded in the courts internal records and therefore in case of similar violation in the future the courts will treat it as a prior offense. If the probationary period, is completed successfully the conviction will not show on the permanent record. This means that if the defendant pleads guilty, s/he will be given a sentence that is "suspended," and will be placed on probation for two years by law. Therefore normally an SIS is not considered a ‘conviction’ for anything other than law enforcement purposes.įor example, Suspended Imposition of Sentence (SIS) probation is generally available for Class B Misdemeanor DWI / BAC offenses in many counties in Missouri.
If the defendant successfully completes probation, no sentence is actually ordered.
#STAY OF IMPOSITION FULL#
If the defendant violates probation and faces revocation, the Judge may order any sentence within the full range of punishment for the crime convicted. In SIS, usually the defendant is placed on probation. Suspended imposition of sentence or SIS is a sentencing option available to the trial court.
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