What is the difference between an SIS and an SES?

  

Difference between SIS and SES in Missouri

In Missouri, when an accused person pleads guilty to an offense or is convicted at trial the court can grant the defendant probation. There are two common types of probation that Missouri courts impose for criminal offenders-Suspended Imposition of Sentence (SIS) and Suspended Execution of Sentence (SES). The two probation options may be somehow confusing especially for persons who do not have a good understanding of the law.

In SIS, a defendant who pleads guilty to the charges does not get sentenced and instead, they are placed on probation for a fixed period of time. However, the trial court retains the right to pronounce a sentence which lies within the statutory range stipulated in the criminal statute if the defendant violates the terms of the court and their probation is revoked. But if the defendant completes the probation period in good standing, no sentence is imposed on them and the offense does not appear on their record. Therefore, SIS simply means the court sets the sentence aside until probation is completed under specific terms set out by the court. This option not only keeps defendants out of jail, it also gives them a chance to demonstrate to the courts that they can adhere to the requirements of the probation. More often, SIS probation is imposed for first-time offenders and persons who commit minor felonies. This option is perceived to be more lenient but that is not always the case.

SES may seem to be similar to SIS in terms of being placed on probation but it’s different. In SES, a defendant who pleads guilty in court is convicted and sentenced with jail time but execution of the sentence is suspended. The defendant will not serve the jail time and they are placed on probation. Should they fail to successfully complete the probation in good standing, the court has the jurisdiction of executing the jail time. The conviction permanently appears on the defendant’s record even after successfully completing probation.
An SES is considered to be a final judgment by Missouri courts while an SIS is not. Should a person who has received an SIS violate the stipulated terms of probation, they are taken before a judge who will determine if indeed they violated the probation requirements. If the court finds the defendant guilty of violating probation requirements, all parties will go back to the drawing board to determine the sentence to be imposed. On the other hand, a person with an SES and has violated probation terms will have the previously-agreed sentence executed. For instance, if you had an SES with 4 years of probation, violating your probation means you’ll be serve a jail time of 5 years with minimal chances of negotiation.
More often, first-time misdemeanor defendants prefer SIS to SES simply because the former is not considered a conviction provided one completes their probation period successfully. Under the criminal statute, SIS is not a conviction and can only be considered in subsequent trials and not other purposes. In case the defendant commits a similar offense, the courts will treat the SIS as a prior offense. A defendant who completed their probation successfully can deny any prior criminal convictions when applying for employment. On the other hand, the SES is an actual conviction that applies for all purposes.

Overall, an SIS is considered less strict than an SES. If you violate an SES, the court has a right to execute the actual sentence but as for the SIS, violating terms of probation will get the parties back to the drawing table to determine a new sentence.

Do I Plead Guilty or Not Guilty?

   

Criminal Defense Not Guilty

What is the most likely outcome of my court date tomorrow?

I have used all my allowed continuances and tomorrow 7/18/18 @ 6:00pm is my court date where I’ll have to plead either guilty or not guilty to 3 charges. 1. Leaving the scene of an accident. 2. Very small amount of marijuana possession. 3. Not sure what it’s actually called but as I was pulled out of my vehicle to speak with Overland PD someone in the back seat tossed an eye glass container with an unknown substance into my driver side floor board. I was told it would be sent to a lab to test what it is. Now I am NOT guilty of the unknown substance charge whatsoever they could dust it for prints and mine will not be there. The insignificant amount of marijuana I am guilty of. The accident was more like our mirrors tapped in road rage while the other driver drove on the wrong side of the road to get around me. I’m not sure what to plead or what to expect, I am currently looking for work and can not afforded hire an attorney unfortunately.

Attorney Justin C. Hunt Answers

Best Answer
I am assuming that the judge either took your plea or you went to trial. It’s also possible that the judge set the trial for a later date. If you have more time, hire an attorney to keep this off your record. If you did plead guilty, it’s not too late! An attorney can attempt to set aside your guilty plea and work out a new arrangement to keep this off your record. Contact a local attorney for more information.

No Attorney-Client Relationship or Legal Advice Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. You also should not rely upon the transmission of an e-mail message to an attorney through this Web site to create an attorney-client relationship. The transmission or exchange of information will not do so. All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

Questions & Answers Series-DUI/ hit and run..now what

   

Criminal Defense Not Guilty

DUI/ hit and run..now what

Kansas City Dui Defense, DUI Lawyer

Criminal Defense Kansas City

My husband left a resident where they had been loading hay, and drinking some beer…on his way home a deer ran in front of his car he tried to swirl to miss it and hit the signs on the corner..it was drivable but it’s a car he takes to work every day so he called the same buddy to put in on the trailer so no hauling cost, someone called in the accident the hwy patrol showed up, while he was loading the car on the trailer, made him blow..1.1 arrested him and he was served two tickets DUI and hit and run.

Answer From DUI Attorney Justin Hunt

First, stop posting facts of the case online. Second, your husband will probably need to hire a DWI attorney. At this point, the government has already started two different actions against your husband: a criminal action for the DWI/ hit and run, and a license revocation for testing over .08. These are 2 separate issues that you will need to fight.

My first thought is I would try to fight the case by pointing out that the officers didn’t actually see him driving and that it would be difficult to determine his blood-alcohol when he was actually behind the wheel. However, this is just speculation. You will need to hire a DWI attorney to investigate further.

No Attorney-Client Relationship or Legal Advice Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. You also should not rely upon the transmission of an e-mail message to an attorney through this Web site to create an attorney-client relationship. The transmission or exchange of information will not do so. All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.


First, stop posting facts of the case online. Second, your husband will probably need to hire a DWI attorney. At this point, the government has already started two different actions against your husband: a criminal action for the DWI/ hit and run, and a license revocation for testing over .08. These are 2 separate issues that you will need to fight.

My first thought is I would try to fight the case by pointing out that the officers didn’t actually see him driving and that it would be difficult to determine his blood-alcohol when he was actually behind the wheel. However, this is just speculation. You will need to hire a DWI attorney to investigate further.

No Attorney-Client Relationship or Legal Advice Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. You also should not rely upon the transmission of an e-mail message to an attorney through this Web site to create an attorney-client relationship. The transmission or exchange of information will not do so. All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

Marijuana Laws, Missouri, Kansas, And Federal

   

Marijuana Weed MissouriWe

Depending on where you live in the United States will determine your access to both recreational and
medicinal marijuana. Currently, 10 states and the District of Columbia allow adult recreational use while
33 states permit medical usage of marijuana. Further, each state has its own restrictions concerning the
amount of ounces of marijuana a person can have in his or her possession, to the type of cannabis that
is permissible such as concentrates. Some states have even gone as far as regulating the consumption of
edibles and granting grower’s licenses to those living outside the area of a marijuana dispensary. These
divergent state laws are a cause of confusion to citizens and the courts have remained inconsistent in its
rulings.
Despite state laws and even ballot referendums making marijuana legal, these laws are contradictory to
how federal marijuana is regulated. Under federal law, marijuana is classified as controlled substance
and it is illegal to distribute, cultivate, possess or use it. The United States Supreme Court in the 2005
case, Gonzales v. Raich, allows for the federal prosecution of violations concerning marijuana even if it is
legalized in the state where it is seeking prosecution. In that 6-3 decision, the Court indicated that the
commerce clause of the Constitution allows Congress to regulate interstate drug markets and the only
way to do it effectively is to regulate this market at the state level.
Currently, there is talk amongst representatives and senators in the United States Congress of
introducing a law that would allow states to supersede federal law. Unless the Controlled Substances
Act is revisited by the legislative branch, which classifies marijuana as a schedule 1 drug along with
heroin and LSD, state law must always adhere to federal law because of the Supremacy Clause of the
Constitution. This preemption allows federal law to prevail when there are state laws in contradiction
with it.

Justin Hunt, Criminal DUI Attorney-In the News

   

Our Own Justin Hunt Made The News!

https://bestinau.com.au/kansas-city-defence-lawyer-justin-hunt-shares-his-experiences/

 

Jordan Watson, In The News

   

Criminal Defense, Kansas City

 

 

https://www.kmbc.com/article/lawsuits-claim-independence-substitute-teacher-abused-children-1/3689954

The DUI Process In Missouri

   

Kansas City Police DUI

 

If you are facing a DUI or DWI charge in Kansas City, it is important to note the fact that the state of Missouri processes these offenses administratively as well as criminally. Administrative actions differ from criminal or court actions, and if you are facing these types of charges, you should be aware of these differences.

Generally speaking, an administrative action relates to rules and regulations that government agencies make, enact, and enforce. Conversely, criminal or court actions relate to charges made by a particular state with the goal of enforcing a specific criminal law or statute within that state. The main difference between the two is where the action originates and who enforces it. With administrative actions, the originator and enforcer is a certain government agency, while with criminal or court actions, the originator and enforcer is the state itself.

When it comes to the specifics of handling a DUI or DWI, there are a few key differences between the possible criminal and administrative actions that could be taken. If you are charged with a DUI or DWI, the criminal action taken will be in regard to the ticket issued as a result of the offense. According to the Missouri Department of Revenue, “If you are convicted of an alcohol offense, the court sends a copy of the conviction to the department, and the proper points are assessed to your driver record”. Any points accrued as a result could lead to a suspension or revocation of your driving privilege.

You will also face an administrative action that is administered by the Missouri Department of Revenue. This is a separate action that will take place automatically, regardless of if the ticket you received is disposed of or reduced by the criminal court. This action requires that your driving privileges be suspended or revoked if you refuse to take a blood alcohol content test or if you do take a test and it is discovered that your blood alcohol content is over the legal limit.

If an administrative action is being taken against you as a result of a DUI or DWI, you will receive a Notice of Suspension/Revocation of Driving Privilege, also known as Form 2385. After you receive this notice, you have a fifteen day window in which you may request an administrative hearing. If the hearing results in your driving privilege being revoked or suspended, you are eligible to petition the circuit court to review your case.

If you are in the Kansas City area, and you are facing a DWI or DUI, it is important that you consult with a defense attorney about your case. A criminal lawyer can help to walk you through the process of dealing with any actions taken against you. A case of this nature can be overwhelming when it comes to managing the details of two separate actions administered by two separate systems. Enlisting the help of a defense attorney can ensure that every element of your case is properly handled.

Missouri DUI Check Points And The Constitution

   

traffic attorney kansas city

In the state of Missouri, law enforcement officials are permitted to set up DUI checkpoints. Typically, these checkpoints are placed on busy roads and the officers involved will either stop every car that comes through or they will use a pre-formulated system to stop cars in a seemingly random manner. Once stopped, a driver may be asked to submit to either a field sobriety test or a breath test and if they fail, they will be arrested and charged with a DUI – even if they didn’t show signs of drunk driving before reaching the DUI checkpoint.

Do DUI Checkpoints Violate The 4th Amendment?

Under normal circumstances, when a police officer initiates a traffic stop in order to determine if someone is driving while under the influence, they first need probable cause to show that there was a legal reason for pulling the driver over.  For example, if a driver runs a red light or is erratically swerving across lanes, an officer has a legal reason to pull them over. Then, based on their interaction with the driver, they may proceed with a field sobriety test or ask the driver to take a Breathalyzer test. Without probable cause, the stop and subsequent DUI can be legally challenged in court.

Knowing this, it’s easy to understand why so many Americans believe that DUI checkpoints violate the 4th Amendment.

What Is The 4th Amendment?

The 4th Amendment states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Basically, this protects Americans by prohibiting law enforcement from making searches and seizures without probable cause. When applying the 4th Amendment to DUI checkpoints, the following should be noted:

  1. Stops Are Conducted With No Probable Cause: Either all drivers are stopped or predetermined cars are stopped, such as every third car. It doesn’t matter if every traffic law has been followed, the driver will be stopped.
  2. There Can Be No Oath Or Affirmation: This means that the officers involved can’t swear to the driver’s behavior prior to the stop. For example, in a typical DUI arrest, the officers could swear something like “I witnessed the driver go through two red lights before finally coming to a stop.” This would be their legal reason for pulling over the driver. While an officer may note the driver’s behavior after they approach them in the DUI checkout, they cannot confirm that the driver was breaking any laws prior to the stop.

 Despite this, the United States Supreme Court has ruled that DUI checkpoints are legal, as long as they meet specific criteria.

DUI Checkpoints: Law Enforcement Must Meet Certain Criteria

In order for a DUI checkpoint to be viewed as constitutional, the following criteria must be met:

  1. The decision to proceed with a DUI checkpoint at a specific site must be made by a law enforcement supervisor – not an officer in the field.
  2. Neutral and mathematical selection must occur. This means that officers cannot single out drivers because of age, race, vehicle type, or any other factor.
  3. Safety must be taken into account. When setting up a checkpoint, proper warning signs and lighting must be used to ensure that drivers have a sufficient amount of time to slow their vehicle and come to a stop. In addition to this, clearly marked law enforcement vehicles must be used at the stops.
  4. The checkpoint site must be in a “reasonable” location.
  5. Officers must use “good judgment” when determining what time the checkpoint should begin and end.
  6. Anyone passing through the checkpoint should only be stopped long enough for the officer to check for signs of intoxication.
  7. The time and location of the checkpoint should be publically announced in advance.

If law enforcement fails to meet with this criteria it may be considered an unconstitutional checkpoint and anyone charged with a DUI may be able to use this argument as part of their defense.

Do I Have To Go Through A DUI Checkpoint?

If, while driving, you note that a DUI checkpoint is ahead and you can legally turn or make a legal U-turn to avoid the checkpoint, you may do so. However, there are almost always officers posted to specifically watch drivers who avoid going through a checkpoint and if you violate any traffic laws they will pull you over.