Legal Question in Criminal Law in Missouri
I'm being charged with ''possession of a controlled substance''. This is my 1st time being in trouble. I've been told to ask for ''suspended imposition sentencing'', but what exactly is that? I have a public defender but she's not very informative or helpful. I need help to decide what I should do. Please inform me in terms that I might understand!!!
2 Answers from Attorneys
An SIS is a suspended imposition of sentence. This means that upon a plea of guilty the judge will not set a specified sentence, only place you on probation (usually with conditions). If the probation is completed successfully you will be entitled to have the court case closed (usually have to request it just to be sure it is done). The general public will not have access to it then. If an employer, etc. asks you if you have been convicted of a crime, you will be able to say no and it be truthful. However, an SIS will remain on your record as far as law enforcement, prosecutors, etc. are concerned and it can be used against you should you get into trouble again. Also, the federal courts look on a SIS as a conviction. If you violate your probation the judge can sentence you to a specified sentence based upon the charge. The court may place you back on probation but you will then have a specific sentence over your head and the court case remains available for all to view and you will have a conviction. The court could also send you to jail or prison upon a violation. You need to talk to your attorney and demand that she explain what the consequences will be to you if you receive an SIS, if you violate your probation, and what will happen after your probation period ends. If she does not explain this to you, go to her superior in the office. I get appointed as a conflict counsel for the public defender and I know there is no excuse for her not to explain these issues to you. Good luck.
An sis is a type of probation that keeps a conviction from attaching to your record. No sentence is imposed and, therefore, no conviction is recorded.
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