Legal Question in Criminal Law in Missouri

if a man in Missouri is convicted by jury of a class D felony, how likely is it that the man would receive probation? According to the Missouri Sentencing Advisory Commission, the recommended sentence is probation unless it has aggravating circumstances or the defendant has prior criminal history. I have heard that a jury cannot recommend probation, and it is in the discretion of the judge to lower the sentence. I have also heard that the judge will in most cases not lower the sentence in spite of the MOSAC guidelines.


Asked on 8/12/10, 6:34 am

1 Answer from Attorneys
Anthony Smith LawSmith

It is nearly impossible to predict the likelihood of probation or jail time in the abstract. Teh defendnat shoudl consult their attorney for that, as the mltiples of variable ( crime committed, jurisdiction, judge, extent of agravating/mitigating circumstqances) all come into play.

Good luck

Read more
Answered on 8/17/10, 2:41 pm


Related Questions & Answers

More Criminal Law questions and answers in Missouri