Will I Go to Jail for a First-Time Probation Violation in Missouri?

Being accused of violating probation doesn’t automatically mean going to jail or prison, but it does mean facing a judge who has broad discretion over what happens next. Missouri law gives courts multiple options when someone violates probation terms, ranging from warnings and modifications to 120-day institutional programs to full revocation and execution of the original sentence. What actually happens depends on the nature of the violation, the underlying offense, and whether the person has competent legal representation.

What Missouri Law Says About Probation Violations

Missouri’s probation violation statute is RSMo § 559.036. According to the law:

“If the defendant violates a condition of probation at any time prior to the expiration or termination of the probation term, the court may continue him or her on the existing conditions, with or without modifying or enlarging the conditions or extending the term.”

This means courts have multiple options short of sending someone to jail. The statute creates a framework that prioritizes alternatives to incarceration for many first-time violations, particularly when certain conditions are met.

The 120-Day Program Alternative

Missouri law requires courts to consider a 120-day Department of Corrections program for eligible probation violators before revoking probation entirely. According to RSMo § 559.036(4), unless the defendant consents to revocation, the court must order placement in a 120-day program if the person meets eligibility requirements:

Eligibility Based on Underlying Offense

The underlying offense must be a Class D or E felony or a drug offense under Chapter 579. However, certain offenses are excluded even if they’re Class D or E felonies, including:

The Violation Must Meet Certain Criteria

The 120-day program is required unless:

“(b) The probation violation is not the result of the defendant being an absconder or being found guilty of, pleading guilty to, or being arrested on suspicion of any felony, misdemeanor, or infraction.”

This means if the violation involves new criminal charges or absconding (leaving residence without permission to avoid supervision), the person isn’t eligible for the 120-day program.

Additionally, the violation cannot involve:

“(c) …any conditions of probation involving the possession or use of weapons, or a stay-away condition prohibiting the defendant from contacting a certain individual”

One Program Per Probation Term

The statute limits defendants to one 120-day program placement per probation term.

What the 120-Day Program Involves

When ordered into the program, the Department of Corrections conducts an assessment and places the person in either:

• A structured cognitive behavioral intervention program, OR
• An institutional treatment program

The placement decision is at the department’s discretion based on their assessment. Upon successful completion, the person is released to continue probation, which cannot be modified or extended based on that same violation. If someone doesn’t successfully complete the program, they’re returned to court for further proceedings, and the judge can then modify, extend, or revoke probation.

Other Options Courts Have for First Violations

Beyond the 120-day program, Missouri law gives courts several alternatives:

Formal Warning and Continue Probation

The court can continue someone on existing conditions without changes. This often happens for minor technical violations like missed appointments or late fee payments, particularly when the person has an otherwise good probation record.

Modify or Extend Probation

According to RSMo § 559.036(3):

“…the court may continue him or her on the existing conditions, with or without modifying or enlarging the conditions or extending the term.”

This might mean additional drug testing, more frequent reporting, community service hours, or other enhanced conditions. The court can extend probation terms, but the statute limits extensions and sets maximum probation durations under RSMo § 559.016.

Revoke Probation and Execute Sentence

If the defendant consents to revocation, or if they’re not eligible for the 120-day program and other options aren’t appropriate, the court can revoke probation entirely. According to RSMo § 559.036(5):

“…the court may revoke probation and order that any sentence previously imposed be executed.”

What this means depends on whether the person received a Suspended Imposition of Sentence (SIS) or Suspended Execution of Sentence (SES):

SIS Probation: The person was not convicted, but accepted probation as an alternative. If revoked, the judge can impose any sentence up to the maximum for any charges that the defendant was found guilty of.

SES Probation: The person was convicted and sentenced, but the sentence was suspended in favor of probation. If revoked, the judge executes the original sentence.

The court may credit time served on probation against any prison sentence imposed, but this is discretionary.

The Probation Violation Hearing

Missouri law requires notice and a hearing before probation can be revoked. According to RSMo § 559.036(6):

“Probation shall not be revoked without giving the probationer notice and an opportunity to be heard on the issues of whether such probationer violated a condition of probation and, if a condition was violated, whether revocation is warranted under all the circumstances.”

The defendant must receive at least five business days’ notice before the hearing. The judge must inform them of their potential right to appointed counsel if they cannot afford an attorney.

The burden is on the prosecution to prove the violation occurred, but the standard is “preponderance of the evidence,” which is lower than “beyond a reasonable doubt” required for criminal convictions.

Factors Courts Consider

Judges typically consider:

• Whether the violation was technical or involved new criminal conduct
• The person’s overall compliance history on probation
• The seriousness of the original offense
• Whether the person poses a danger to the community
• The probation officer’s recommendation
• The prosecutor’s position
• Willingness to accept responsibility and comply going forward

First-time violations involving technical issues rather than new crimes generally result in warnings, modifications, or the 120-day program rather than full revocation.

How Rose Legal Services Can Help

At Rose Legal Services, we dedicate our practice exclusively to criminal defense. Our attorneys regularly represent clients at probation violation hearings throughout Missouri.

When working with us, clients benefit from:

• Experienced criminal defense attorneys who understand probation law and local court practices
• A team approach with attorneys and support staff. When a case calls for additional investigation or expertise, we engage trusted investigators and expert witnesses as needed.
• Strategic advocacy at violation hearings
• Clear communication through dedicated Client Care Specialists

We know prosecutors and judges in St. Louis City, St. Louis County, St. Charles County, Jefferson County, and surrounding jurisdictions, and we understand how probation violation cases are typically handled in each court.

Contact us immediately if facing a probation violation hearing.

Your defense starts with a conversation.