Understanding Suspended Imposition of Sentence (SIS) in Legal Context

Q: Can I appeal a suspended imposition of sentence?

No, a suspended imposition of sentence is not an appealable order.

Q: Will SIS show up on my background check?

It typically does not appear on your permanent record if probation is completed, but it may be noted in court records.

Definition & Meaning

A suspended imposition of sentence (SIS) is a legal option used by courts, primarily in criminal cases. When a judge grants an SIS, they postpone the imposition of a sentence, allowing the defendant to complete a probation period instead of serving time in prison. If the defendant successfully completes probation, no formal sentence is imposed, and they typically do not have a conviction on their record, except for law enforcement purposes.

Table of content

Legal Use & context

The term suspended imposition of sentence is commonly used in criminal law. It is often applied in cases involving misdemeanors, such as driving while intoxicated (DWI) in states like Missouri. SIS allows defendants to avoid a permanent criminal record if they adhere to the conditions of their probation. This option can be particularly beneficial for first-time offenders or those charged with less severe crimes.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

For instance, in Missouri, a person charged with a Class B misdemeanor DWI may receive an SIS. If they plead guilty, the judge suspends the sentence and places them on probation for two years. If they complete the probation without issues, the conviction does not appear on their permanent record.

(Hypothetical example) A defendant charged with petty theft may be granted an SIS and placed on probation. If they fulfill all conditions, they avoid a formal conviction.

Relevant laws & statutes

In Missouri, the relevant statute is Mo. Rev. Stat. § 557.011.2, which allows for the suspension of sentence with or without probation. Additionally, certain offenses, such as forcible rape, are explicitly excluded from eligibility for SIS under § 566.030 R.S.Mo. and § 566.060 R.S.Mo.

State-by-state differences

State	Eligibility for SIS
Missouri	Available for certain misdemeanors; not available for serious felonies like forcible rape.
California	Similar provisions exist under different terminology; SIS is not commonly used.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition
Suspended Execution of Sentence (SES)	The sentence is imposed but not executed, meaning the defendant may avoid serving time if they meet probation conditions.
Probation	A court-ordered period during which a person is monitored instead of serving time in prison.

Common misunderstandings

What to do if this term applies to you

If you are facing charges and believe an SIS may be an option, consider the following steps:

Consult with a legal professional to understand your eligibility for SIS.
Explore US Legal Forms for templates that can assist in preparing necessary legal documents.
Ensure you comply with all probation requirements if granted SIS to avoid any complications.

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Quick facts

Typical probation period: Two years (varies by state).
Eligibility: Generally available for misdemeanors, not for serious felonies.
Impact on record: No conviction if probation is completed successfully.

Key takeaways

Frequently asked questions

What happens if I violate my probation under SIS?

If you violate probation, the judge may impose a sentence within the full range of punishment for your crime.