Probation Violations in Missouri

The prosecutor may file a motion to revoke probation, or the court may order the probationer to appear to answer a violation charge; the court may issue an arrest warrant and suspend the probation term while the motion is pending (§ 559.036.7). Probation 'shall not be revoked without giving the probationer notice and an opportunity to be heard' on whether a condition was violated and whether revocation is warranted, and at least five business days before the hearing the judge must tell the probationer he or she may have the right to ask for appointed counsel (§ 559.036.6). On a violation the court may continue probation, modify or enlarge the conditions, or extend the term (§ 559.036.2-.3). For many class D or E felony and drug cases, unless the probationer consents to revocation, the court must first order a 120-day Department of Corrections program instead of revoking, unless the violation involves absconding, a new arrest or offense, weapons, or a stay-away condition (§ 559.036.4). Otherwise the court may revoke and execute the sentence already imposed, or impose any authorized sentence if sentencing had been suspended (§ 559.036.5).

Missouri's rule on court-appointed lawyers: The state public defender system represents eligible indigent persons. Eligibility is determined by the state public defender (or a person working under the defender) based on the person's 'ability to make bond, his income and the number of persons dependent on him for support.' A person claiming indigency files an affidavit with the court containing the information the public defender commission requires; either party may ask the court where the case is pending to decide whether the public defender may represent the defendant. Knowingly making a false affidavit to obtain services is a class A misdemeanor. The section does not set an application fee. RSMo § 600.086

Lawyers set their own fees, and Missouri has rules on how they may charge. See hiring a criminal defense lawyer in Missouri for fee rules, how to check a lawyer's license and free help.

How release before trial works in Missouri: 'That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great' (Mo. Const. art. I, § 20). By statute, a person charged with a bailable offense may be released on personal recognizance unless the judge finds that release will not reasonably assure the person's appearance; the judge may then impose conditions such as supervised custody, travel or association limits, a bail bond or cash deposit, reporting, or house arrest with electronic monitoring (§ 544.455.1). The judge considers the nature of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition, length of residence, criminal record, and record of court appearances (§ 544.455.2). Conditions are reviewed for a person still detained after 24 hours because the person cannot meet them. Mo. Const. art. I, § 20; RSMo § 544.455 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Missouri expungement and record sealing rules.